Legal Question in Wills and Trusts in Florida
Surviving spouse vs. deciedent's Trust
My 82 year old father plans to marry his 82 year old live in
girlfriend. Nearly all his assets are held in his revocable living trust, appointing me as successor trustee and administrator/executor of the estate. His intent is to have all assets pass to me, avoiding probate. He also has will stating same. The new wife will not be added to the trust or will as receiving assets. When he marries, (1.) what rights will his new bride have to the assets named in his living trust? (2.)Are prenuptials of any value in Florida?
They previously purchased a condo jointly which is titled to a second trust ( '' the father and girlfriend trust'' ), that trust allowing the surviving spouse
a residency till death, then equity divided between offspring of both deceased trustees. When my father marries,
(3.) what rights does his new wife have to the condo held in their trust? (4.) Would she have greater rights as a wife, or would the predated trust still divide the equity after survivor dies?
1 Answer from Attorneys
Re: Surviving spouse vs. deciedent's Trust
1- 30% of his entire estate, including the assets in the revocable trust. 2- Yes. 3- At least a life estate; need to review the trust document. 4- Her rights as a spouse would allow her to choose. They absolutely need a premarital agreement.
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