Q: My daughter got married a few days ago. She asked me to sign my will and trust before
the wedding. But the lawyer won't let me do. He scheduled about week after her wedding. I am still not signed yet.
I worry what make a difference. I her parter has a will and already signed or his own money.
I would like to know what makes difference.
There is a concept in marital law about "separate property of each spouse, meaning property acquired by each prior to the marriage, or by will or gift after the marriage.
A will transfers no property until the death of the testator, and until then, can always be changed so long as the testator has the "testamentary capacity" to make a will.
You don't say whether your trust is revocable or irrevocable. If it's irrevocable, then transfers to the trust cannot be taken back by the donor/transferor. That results in a present gift/transfer to the trust beneficiaries, so the time of the transfer may have significance in various ways, but not in the marital law world.
In other words, I think your daughter's rush to effect the transfers to the trust and signatures to the will is unjustified.
A: Not sure why your daughter was rushing you to sign a Will or Trust prior to her wedding. And it is unclear if it is your attorney or her attorney that advised to wait until after the wedding to sign your documents (and has not scheduled the signing yet). I would step back, take a deep breath and make sure the draft Will and Trust accomplish what you want before you sign them, and ask any questions you might have before you sign them. If there are concerns or questions about what happens if you gift assets to your daughter now (after she is married) or if she inherits your assets from you in the future, and then gets divorced at some time in the future, you can revise your draft Will and Trust to deal with that issue (before you sign these new documents), and you can also request that your daughter and her new spouse sign a Post Nuptial Agreement before you sign your new documents.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.