If a spouse is not a beneficiary of a trust, but is allowed to reside in the family residence at the Settlor spouse's death, does the residence become part of the surviving spouse's estate?
2 Answers from Attorneys
The residence belongs to the trust, and sooner or later she'll be evicted.
If she is specifically given the right to live there, the surviving spouse is not evicted. It sounds as though a life estate has been created through a trust. In that situation, the answer to your question is No, the property does not become part of the surviving spouse's estate.