Riverside, CA asked in Estate Planning for California

Q: Satisfy wife that some of the estate is set aside to keep it away from a future woman.

For example perhaps some of the assets could be put into an account that could only be used for the care of the husband once all the other assets are spent.

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1 Lawyer Answer

A: If I understand your question, you want to know how to protect your current wife either after your death or hers.

Many second marriages wind up cheating the children of the first marriage. Husband dies, everything goes to new wife who then leaves everything to her own children, forgetting about the children of the first wife. I usually avoid this by only leaving the new wife a life estate in the property, that is, she gets the house to live in but cannot sell it or give it away, and when she dies it goes to whomever you had designated. You could then leave her some cash or set up a trust that will give her cash during her lifetime, with the leftovers going to your kids eventually.

That won't make current wife happy TODAY because you can't do that plan until today's wife is deceased and you re-marry. To make her happy today, set up a Living Trust where, upon the death of one of you, their half of the trust becomes irrevocable and that person names what happens to it upon the death of the second of you. That way she can let you live in the house all your life, and then give her stuff to the kids or keep it in trust to help you out. That horrible second wife that you met at the roller derby and married later can then only get your half in the end.

Nina Whitehurst agrees with this answer

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