Legal Question in Wills and Trusts in Ohio
remarriage and the trust
My mother and stepfather entered into a trust. She passed away 7/1/01 and my stepfather remarried in feb of2002. He wants all the kids to sign a letter stating that his new wife can live in the house (they will either build or buy)after his death until her death. What if when he passes away she remarries? Is this a problem? They will be moving from Ohio to West Va, is that something to be concerned about? Please any information would be appreciated.
1 Answer from Attorneys
Re: remarriage and the trust
I need some more information as to the terms of the trust, and what happens to the trust property at her death. Can she dispose of such property while she is a beneficiary? Without more facts, I believe that the best solution is for her to take a life estate in the property, with remainder to you children. That will best protect your interests.