Legal Question in Wills and Trusts in New York

Re: Preventing deadbeat husband from claims for sake of handicapped son

You probably would want to create a supplemental needs trust for the benefit of your son with your nephew as the trustee.

You could also grant a life estate to yourself in the house.

Although the law provides a surviving spouse with rights to an estate,you do have the right to dispose of your assets during your lifetime.

The annuities would probably end at your death, if not, the trust could be designated as the beneficiary.

Finally, if you could demonstrate that your spouse has abandoned you, he would forfeit any rights to your estate.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.