Legal Question in Wills and Trusts in Indiana
My husband of 24 years has children from previus marriage and I have children from previous marriage.We live in Indiana and need to do a will. My husband wants to do a trust leaving "his half of rental properties that we have aquired during our marriage to his grandchildren with his daughters as guardians over such trust. He also want to put his daughter and my daughter over my 50% of estate.Meaning I would need permmision from the both of them to used any of my funds, this is at his death. I feel very controlled already and this is control from the grave. Is there another way to settle thisfairly and legally?
1 Answer from Attorneys
Such matters are always best handled through a trust. There is a way to insure that the trust is drawn up so as to avoid diminishing your portion of the estate. There should always be an effort made, in second marriages, to avoid disinheriting one's own children. On the other hand, there needs to be some sensitivity to the spouse's needs. The best way to resolve it is to speak with an attorney who can advise both parties at the same time as to ways to achieve what each of them want and need.
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