If my father has a living trust in which us kids are given the house, now that dad is getting married will that affect the trust?

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If my father has a living trust in which us kids are given the house, now that dad is getting married will that affect the trust?

AKA will she get the house? My brother is Trustee.

Asked on September 19, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The terms of the trust and a review of the assets of the estate, etc., is really needed to give guidance here.  Understand though that a trust is not like a Will in that marriage and divorce do not automatically affect or change the terms of the Living Trust. It has to be amended.  But also understand that if your state requires that a spouse receive a percentage of the estate of their deceased spouse it could rock the boat.  But it seems here that the house is separate property prior to marriage and that too has an impact.  Dad needs to have a pre nup of some sort.  Good luck.


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