If I die, I do not want my spouse to remarry until our children are grown. Is there anything I can do?

Spouses cannot control the actions of the surviving spouse from the grave. In fact, most states will even strike down instructions placed in prenuptial agreements that give such instructions, given that the agreement becomes void upon your death. Keeping this in mind, you can still persuade your spouse to avoid remarrying through the use of conditions placed on the inheritance.

State Laws

Certain states limit the amount of property that is considered a deceased spouse’s. For instance, some states automatically consider only half of the estate the deceased spouse’s. In these instances, your living spouse will have complete control and discretion over the other half.

Contractual Will

If your spouse agrees with this decision, then you can design a contractual will. A contractual will designates the intent of both you and your spouse and specifies continued receipt of inheritance funds being conditional upon the spouse not remarrying. A will of this nature is very complex and requires extremely precise wording. If you and your spouse would like to create a contractual will, contact an estate planning attorney and schedule a consultation.

Trust

Another means of controlling assets after you are deceased is through a trust. If your spouse is in agreement with your wish of abstaining from remarriage until your children are grown, then the two of you can set up a living trust. Your assets are placed into the trust and controlled by a specified trustee before you die. If your spouse does not agree or you do not wish to communicate your intent to your spouse, you will most likely require a testamentary trust or a trust that is placed in your will and goes into effect when you die.

Estate planning is very complicated. Whether you are using a will or a trust, it is important that proper arrangements are made. When dealing with a special situation, such as a condition on your inheritance, it is always best to consult with a licensed estate planning attorney.

Case Studies: Strategies for Controlling Inheritance and Remarriage

Case Study 1: The Family Legacy Trust

John and Sarah, a married couple with three children, were concerned about the possibility of their spouse remarrying after one of them passed away. They wanted to ensure that their children would receive their inheritance without any complications. They consulted an estate planning attorney who advised them to set up a Family Legacy Trust.

The trust stipulated that if either of them were to pass away, the surviving spouse would receive income from the trust but would not be allowed to remarry until their children reached adulthood. The trust would then distribute the remaining assets equally among the children. This arrangement provided John and Sarah with peace of mind, knowing that their wishes would be respected and their children’s inheritance protected.

Case Study 2: The Conditional Inheritance

Emily, a widow with two teenage children, wanted to ensure that her late husband’s assets would benefit their children until they reached a certain age. She consulted an estate planning attorney who helped her create a conditional inheritance plan. The plan specified that if Emily were to pass away, her assets would be placed in a trust.

The trust would provide financial support for her children’s education, healthcare, and general needs until they turned 25. However, if her spouse were to remarry before that time, the trust would be dissolved, and the assets would be distributed to a charitable organization dedicated to children’s education.

This arrangement reflected Emily’s desire to prioritize her children’s well-being and discourage any hasty remarriage that could potentially disrupt their future.

Case Study 3: The Lifetime Partnership Agreement

Mark and Lisa, a married couple with two young children, were concerned about the possibility of their spouse remarrying after their death. They wanted to ensure that their assets would be used for the benefit of their children until they reached adulthood. They decided to consult a family lawyer who proposed a Lifetime Partnership Agreement.

The agreement outlined that if either of them passed away, the surviving spouse would have the right to use the assets but could not enter into a new marriage until their children turned 21. This provision was put in place to provide stability for the children and to honor the commitment Mark and Lisa had made to each other.

The agreement served as a reminder of their shared values and priorities, ensuring that their children’s welfare remained at the forefront even after their passing.