Legal Question in Wills and Trusts in Missouri

2nd Wife not on House Deed

I am the 2nd wife to my husband. He has two children from his previous marriage. He bought our home 2 months prior to our marriage with his name on the deed and loan only. We had been living together previously and at the time of the purchase of the new home. He is in the process of changing his living trust to include me as the executor and to receive 1/3 of his assets. Two-thirds going to his two children. I am concerned that upon his death, his children will get the house even though he says it will come to me. He will not put my name on the house deed for fear of me divorcing him and ''taking his house from him'' as his previous wife did successfully. Am I protected? Also is it standard for wife to get 1/3 while children get 2/3's of assets?


Asked on 10/04/06, 12:35 pm

1 Answer from Attorneys
Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: 2nd Wife not on House Deed

There are several different ways that you and your spouse can alleviate your respective fears concerning th ehouse. The easiest would be to enter a postnuptial agreement that defines your respective rights in the property of the other upon death or divorce. After entering such an agreement, your husband and your trusts ( I presume that you have your ownb trust) can be amended to conform to the terms of the agreement. Short of that, you can ask your spouse to specifically provide that you receive title to the house upon his death, as well as whatever proportion of other assets you two deem appropriate. You might suggest that he contemplate amending his trust to provide a QTIP proovision that would allow you to have income from certain [ortions of the trust but pass th eproperty generating such income to his kids at the later of his and your deaths. I will be happy to help you and your spouse protect your respective interests. Please feel free to contact me to discuss more fully.

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Answered on 10/04/06, 4:27 pm


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