Can I use a trust in Kansas to skip spouse and children?

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Can I use a trust in Kansas to skip spouse and children?

I purchased our home with cash shortly after marriage. If I die, I want my wife to be able to live there as long as she likes, but then go to charity on her death, not to her child from previous marriage.

Asked on July 1, 2019 under Estate Planning, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A trust would be one way to do that. Another way would be to use a will and give her a "life estate," or the right to live there for the rest of her life, and a "remainder" interest to someone else, who gets the house on her death. When someone has a life estate, they cannot sell the house or leave it to anyone; it will not be inherited from them, but rather goes to the "remainderman" who has the remainder interest. The remainderman can be a charity.
As for whether a trust or life estate would be better for you, that depends on your exact situation; consult with a trusts and estates attorney.


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