Legal Question in Wills and Trusts in Missouri

Providing for a spouse after death

I currently own a home and 100 acres of land. My children are grown and I am not married to their father any longer. I have filed a benificiary deed with the children as the benificiary. I am concerned however that there is no way that will allw my husband to remain in the home until he either marries again or finds someone else to share his life with. And if neither that he can remain in the home he has lived and helped on for many years. As I do not totally trust the kids to not just kick him out even though he has helped them financially, the again I wouldnt trust him to make sure my kids got the place. What is there to do in a case such as this. Besides sell the property, divide the money and call it a day. It has been in my family for four generations.


Asked on 4/29/07, 8:42 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Providing for a spouse after death

Your holdings are large enough that you should have an attorney establish an estate plan for you. Most of what you think is going to pass to your family, may get taken up to pay taxes. However, assuming that there will be little tax owed, yoru husband may elect to take against a will, but not necessarily a beneficiary Deed. You may still be able to grant your husband a life Estate in teh some or all of the property. You could create a springing trust to hold the property for your husband during his life.

There are many nuances to each of these plans. You need to hire an attorney you trust to advisde you as to the advantages and pitfalls of each of these and other options. There is a way to do what you want as to yrou husband and children.

Good Luck

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Answered on 4/30/07, 9:03 am


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