Q: Dad remarried after moms passing but they had an AB trust. After he passed, is his widow entitled to half of his half?
My parents had an AB trust. My dad remarried after my mom passed. He never changed the trust to address his new wife although she told me his wishes were that my brothers and I split the assets in the trust evenly between us 3 boys. Now she is coming back and looking for $. I want to be kind and give her some $ but want it to be fair as well. Is she entitled to half of the entire trust or just entitled to half of my dads half of the trust? Also - is she liable for half (or half of the half) of the debt as well? They had a reverse mortgage which had to be paid off. Lastly - wouldn't any assets she brought to their marriage be on the table to divide evenly between my dad and her? Meaning, if she brought $100 to the marriage, wouldn't $50 be my dads and therefore my brothers and I?
A: The answer to your question will depend on the specific language and provisions in your parents' AB trust and any other relevant legal agreements or documents. Generally speaking, if the trust was not amended after your father's remarriage, his widow may be entitled to receive some portion of the assets in the trust, but the exact amount and terms will depend on the specific terms of the trust and applicable state law. It is advisable to consult with an attorney who specializes in estate planning or trust law to review the documents and advise you on your specific situation. As for liability for debt, this will also depend on the specific terms of the trust and applicable law. Again, an attorney can help you understand your rights and obligations.
A: When a person has a trust and later re-marries but does NOT update his trust, the new spouse (your step-mom) is legally referred to as an "omitted spouse" because she is not included in the trust. Omitted spouses have legal rights to their deceased spouse's assets. Often these situations are resolved in Probate Court with a court order telling each side how much the omitted spouse is entitled to get. The amount will depend on a number of factors, including (most importantly) the language in your father's trust and the law. So, it's hard for a lawyer to give you a specific answer to your question without reading your father's trust. Sorry about that! You should contact an estate planning and trust administration attorney to get an answer that is tailored to your exact situation. Best wishes!
Yelena Gurevich agrees with this answer
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