My parents have a Revocable A/B Trust, my dad passed and my mom is dying. I don't know what type of Trust I will need? I am married but not to my adilt children's father and my adult children will be the only ones to inheirt from me, not my husband. I become the Trustee after my mom passes. I want to protect all my inheirtance from my husband and my step-daughter as my part of the estate is valued at 2 million. My husband and I share nothing together, even my house is in my parent's trust. Just don't know what type of Trust I will need. Thanks
5 Answers from Attorneys
Even though you are married, you should probably go to a lawyer without your husband and establish your own living trust as sole Trustor (aka grantor or settlor) and Trustee. The A/B type trust is for when you want to leave everything to your spouse for life, but want to make sure your share of what's left when the second spouse dies goes to your kids (or other beneficiaries.) It used to have estate tax advantages too, but the new law makes that irrelevant for most couples.
What Michele said.
Keep in mind too that your inheritance is separate property, not community so take care to not mingle those assets with community property, if there is any. See an attorney today.
I might add that even though your interest in parents trust estate has not vested yet, you can still put it in your separate trust.
You should have your own revocable trust, the terms of which will depend on what you what and how you want to do with your assets. The best way to start this process is to sit down with an attorney who can explain all of your options to you. Please feel free to give me a call if you want to set up a meeting.
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