Legal Question in Wills and Trusts in Ohio

A second marriage situation with adult children from a prior relationship certainly raises important estate planning questions. Unfortunately, there is no direct answer to your question. You should meet with an experienced estate planning attorney to discuss all the variables in the situation, as well as you goals and wishes if you should predecease your husband.

There are many options and tools, some of which could be combined to develop an appropriate plan for you. Just as an example, you might be able to secure payment of the mortgage with life insurance or other assets of your estate; alternatively you could leave life insurance to your husband and he could then find new living arrangements, while your children could take the property subject to the mortgage; you might grant your husband the right to live in the home for his lifetime, or for a certain period of years, after which it would go to your children; some of these options might require the creation of a trust to manage and control the real estate after your passing. Again, these are just some examples and by no means are they they only possibilities.

The bottom line is, there is probably a way to accomplish whatever you desire to do, but you really need to consult an attorney to look at all the possibilities, as well as get an idea of the costs involved. If I can be of further assistance to you, my office is located in Westlake, and I can be reached at 440.899.7710.

I agree with the previous answer of Atty Rifici that there are many tools you can utilize to accomplish your goals, and that you should contact an experienced estate planning attorney to do so. A strong possibility for you would be to put the house and your other assets into a trust to support your husband's during his lifetime and then transfer assets to the children on his death. This is a common issue in second marriage situations, where the children of the deceased never receive an inheritance from their parent because either the surviving spouse exhausts all the assets or leaves it to their own children or relatives. Trust planning can help you make sure your assets pass to your own children after your husband's death, but give him resources to live off during his lifetime. It is especially helpful, if he is poor at managing money, because you can appoint a trustee to manage the assets and then distribute them after his death.

If you legal assistance or need additional information, please contact my office at http://www.socrateslegal.com.