Legal Question in Wills and Trusts in California

Getting remarried

My wife of 17 years passed away from lung cancer.

A year after her death I met a wonderful woman. I am in love and want to remarry. Some people have suggested I get a prenup. I could never do that to her. To me, a prenup says, ''I don't trust you''.

So I was thinking instead about getting a trust. Putting most of my cash and the house under the trust. Would that give me some protection? It does not have to be bullet proof and I do want to leave her everything should I die. But if the marriage falls apart and she leaves I want to protect a large chunk of my assets.


Asked on 8/28/08, 8:55 pm

1 Answer from Attorneys

Joshua Hale Hale Law Group

Re: Getting remarried

A prenup does not sat you don't trust her. It simply says you want to share with her everything you have while you are married, and if you choose to go separate ways that you wish her the best, and want to be in same position as you got married.

If you are certain about a trust, you should consider talking to an attorney who handles trusts and estates, as you might want to have the trust property in your children's names should you have any.

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Answered on 8/29/08, 12:43 am


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