Legal Question in Wills and Trusts in Arizona
Protection of separate property after marriage
I purchased my home a year prior to my second marriage. I would like to leave my husband the house until his death should I pass away before him, but after his death I would like it to go to my daughter. My husband has a grown daughter from a previous relationship, but I do not wish to leave any of the house to her. How do we prepare a Trust where this can be done? Thank you.
1 Answer from Attorneys
Re: Protection of separate property after marriage
You can do exactly what you want through a living trust. The trust would be revocable during your lifetime, then become irrevocable on your death. It would provide for your husband to be able to live in the house during his remaining lifetime, then for it to pass to your daughter on his death. You can also address what happens if your husband stops using the house as his principal residence. For example, can he rent the house out, or does it pass to your daughter once he stops living in it?
There is another way to accomplish your objective. You could simply grant a lifetime interest in the house to your husband by deed and a remainder interest to your daughter. This probably is a simpler vehicle than the trust, but does not allow for the same precision as the trust.
I hope this is helpful.