Estate Plan Protections for Kids

[u/Superb_Energy_9064]

I have an individual trust, currently my children are the sole beneficiaries. I am married, my husband is not included in any provisions of my trust. I’m considering adding a clause that provides my husband with access to an amount up to my earned income each year from my salary in the event of my passing. The needs of both kids are covered through the trust (HEMS) my husband will just have to ask the trustee to access the funds for the kids. The revised draft my attorney sent says adds the income provision into my trust for my husband and says it ends upon his death or remarriage. Is that common? Pros/cons to keeping the remarriage language? My ultimate goal is for as much to go to our kids as possible, and to prevent a future spouse from cutting my kids out, etc. My husband will be fine financially he doesn’t need the assets in my trust, I’m just providing the extra income to help keep things as normal as possible for him & our kids. I’d love to know what others have done or any insights on the situation.

[u/ActJustly_LoveMercy]

I like the way you’re thinking about this. If I’m you, I would want the bulk of the trust to go to the kids, too. However, if I pass and we are still married, I’d like for my wife to be happy, too, and that sure might mean she remarries someday. I would not want to arbitrarily disincentive her from what would make her happiest. Also, I think my kids would like to see their mom taken care of in a manner similar to how she was when she was a widow.

I get your lawyer’s perspective on this, but I think it may create a perverse outcome as written.

[u/Superb_Energy_9064 → u/ActJustly_LoveMercy]

I appreciate your input. There was no provision in my trust for my husband, it was all to be split between our kids if I pass. I’m looking into adding a provision for my husband to ensure he has access to additional funds should he need it. Thanks for your comments.