[WSBAPT] How to Insure Surviving Spouse Share with Deceased Spouse Child

[Ms. Roberta Armstrong]

Hello again Listserve,

Thank you for all the replies.

I considered a will that creates a testamentary trust. But that will only
have authority over the first deceased spouse's portion of the estate, not
the complete joint community estate at date of death.

It appears that this couple wants the surviving spouse to have full use and
enjoyment of the joint estate, but they also believe the surviving spouse
should continue their joint venture to produce a greater estate that
eventually Both children should share equally from (not have the surviving
child of the first deceased spouse only enjoy their portion of the joint
community value at their date of death).

This is because the couple is currently in a legal battle over the value of
a large piece of waterfront property which they do not anticipate will
be resolved for some years. And if one of the spouses dies during the
litigation, their child will not realize the true value of the asset (if
the surviving spouse is successful in continuing their case, of course)
because the property will be valued as of the date of the first spouse's
death (less than 30% of its "true" fair market value)..

Perhaps the first deceased spouse's community value can be considered as
investment capital/funding in the remaining life of the surviving spouse
which most likely will be used to continue the litigation... Or am I over
thinking this...?

Thank you.

Roberta

On Mon, Aug 28, 2017 at 10:32 AM, Ms. Roberta Armstrong <robertaa at uw.edu>
wrote:

> Good Morning Listserv!
>
> H and W of 40 years. H is 15 years older than W. Both are in good health,
> but frequently travel out of the country.
> Many assets (mostly rental properties) of ~$2.5 million in value, all
> community property.
> Each spouse has a child prior to marriage, Child1 (H) and Child2 (W).
> They would like to do an estate plan where when the first spouse dies the
> other spouse has unrestricted use of the joint estate but upon the passing
> of the last spouse, the remaining joint estate goes equally to Both
> children.
> They do not want long term medical planning. They want to insure that the
> surviving spouse's (if they were to remarry) new spouse does not inherit
> anything from the joint estate.
>
> My question is what is the best vehicle to insure the surviving spouse
> shares equally with the two children, specifically not disinherit the prior
> deceased spouse's child?
>
> Thank you in advance.
>
> Roberta
>
>
> --
> *Creator of the first on-line Indian Will Production System - CHECK OUT *
> *www.NativeWill.org* <http://www.nativewill.org/>
>
> *Ms. Roberta Armstrong*
>
> Washington State Bar Association No. 42343
>
> Founder and Executive Director
>
> Stewards of Indigenous Resources Endowment,
>
> *a Non-Profit Professional Service Corporation               *
>
> P O Box 2248
>
> Yelm, WA  98597
>
>
>
> 425.737.5448 <(425)%20737-5448> | Direct
>
> 866.227.6651 <(866)%20227-6651> | Fax
>
>
>
> Roberta at IndianWillsOnWheels.org
> www.IndianWillsOnWheels.org
>
> Please note that the contents of this e-mail message are confidential and
> may be legally privileged, being intended for the named recipient.  Please
> do not reproduce or transmit this message without permission of the
> sender.  If you have received this message in error notify the sender to
> inform them of the inadvertent mistake and then delete this message from
> your computer and server. Thank you in advance for your adherence.
>



-- 
*Creator of the first on-line Indian Will Production System - CHECK OUT *
*www.NativeWill.org* <http://www.nativewill.org/>

*Ms. Roberta Armstrong*

Washington State Bar Association No. 42343

Founder and Executive Director

Stewards of Indigenous Resources Endowment,

*a Non-Profit Professional Service Corporation               *

P O Box 2248

Yelm, WA  98597



425.737.5448 | Direct

866.227.6651 | Fax



Roberta at IndianWillsOnWheels.org
www.IndianWillsOnWheels.org

Please note that the contents of this e-mail message are confidential and
may be legally privileged, being intended for the named recipient.  Please
do not reproduce or transmit this message without permission of the
sender.  If you have received this message in error notify the sender to
inform them of the inadvertent mistake and then delete this message from
your computer and server. Thank you in advance for your adherence.
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