How Protect Father's Estate from Step-mother?

by mary Livingston
(pensacola fl usa)

Question:

My father after death of my mom decided to do a living trust and made me trustee. He is now remarried and his new wife is trying to influence him into leaving her his assets. She is 16 years his junior and will probably outlive him. My father says he will not leave his assets to her. I am worried as he gets older that she will talk him into this. Is there any way to prevent her from doing this while his health and mind are in good shape?

Answer: This is a hard one because obviously if your dad changes his mind; he changes his mind. Litigation over whether he was competent at the time of any new trust or will is not the best option.

If you feel your dad has concerns about the fairness of the current situation you might discuss with him the option of a QTIP Trust. Those trusts are quite common in step-parent situations and will allow him to leave assets to support his wife after his death but also to ultimately go to his children.