How is trust property distributed when there is a surviving spouse?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How is trust property distributed when there is a surviving spouse?
A married man in owns a house, which he purchased in his own name (not in wife’s name, since he purchased it with his own money per an anti-nuptial agreement). When he dies, does FLlaw automatically allow the house (and/or cars) to be removed from his trust and given to his wife, rather than the recipients of the legal trust? As mentioned above, there is also an anti-nuptial agreement stating anything purchased with his money (that he brought into the marriage) will automatically go into his trust at death.
Asked on October 21, 2010 under Estate Planning, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I think that you should go an see an attorney in your area on this matter. Someone needs to read the trust agreement, the anti-nuptial agreement and ask you many questions about your assets to answer this question. The trust will govern how the assets will be distributed here.
Generally speaking, if you signed an anti-nuptial agreement and you agreed that this property was not marital property then the property can and will be distributed as per the terms of the trust. You would have to challengethe anti-nuptial agreement and the trust document in court on some valid legal ground to have to be marital property first and not subject to distribution second. That is not an easy task. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.