I want to say my spouse can inherit an asset from my parents if I am already dead, but if she re-marries the asset has to go to my kids, not the new husband or their kids? What legal terminology can be used for that?

To say it another way, my wife and I have kids. When my dad dies there will be an asset willed to me. If I am already dead my wife can get the asset. But when she dies it goes to my kids, not her new spouse or any children they have.

ANSWER BY MARGARET CROSS-BELIVEAU:

That is up to your dad’s will. A good estate planner drafts for contingencies for predeceasing heirs, bypassing other’s probate estates. Usually, if a child is deceased, assets are held in trust for grandchildren until they hit a certain age.

There is no such thing as giving away an asset completely and then being able to rip it away from her at a later date. The asset would have to be held in trust for her and/or your children.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.