UTMC

I have a hypothetical situation I'd like to get input on. My dad remarried after my mom passed away a couple of years ago. Before he got married, he setup a prenup with wife #2. Along with this, a trust was setup so that his assets would become the property of the trust. At least, this is the way I understand it.

Yesterday, my dad announced that they might sell the house he's in and that they may build a larger home. They are living in the home that my dad built over 20 years ago. I was wondering, if they build a home and it's paid for solely by the proceeds from the home that my father owned before they got married, would she be considered the rightful owner of the home if my father were to pass away?

My dad is 75, I don't know why they would want to build a BIGGER home, my stepmother is trying to convince him that it would be easier to maintain a new home vs. one that's 20 years old. I don't fucking get it. Seems to me that they should consider building a smaller home. What the hell do I know?

A 20-y.o. building is relatively new. No idea why a bigger house would be easier for anything, including property taxes. Wierd.

rc26 wrote:I have a hypothetical situation I'd like to get input on. My dad remarried after my mom passed away a couple of years ago. Before he got married, he setup a prenup with wife #2. Along with this, a trust was setup so that his assets would become the property of the trust. At least, this is the way I understand it.

Yesterday, my dad announced that they might sell the house he's in and that they may build a larger home. They are living in the home that my dad built over 20 years ago. I was wondering, if they build a home and it's paid for solely by the proceeds from the home that my father owned before they got married, would she be considered the rightful owner of the home if my father were to pass away?

My dad is 75, I don't know why they would want to build a BIGGER home, my stepmother is trying to convince him that it would be easier to maintain a new home vs. one that's 20 years old. I don't fucking get it. Seems to me that they should consider building a smaller home. What the hell do I know?

It's all governed by the trust, the pre-nup and by state law. In California, it would be half hers so long as the asset was purchased during the marriage unless specifically set aside as separate property. Even then, the funds couldn't come from the community, and they can almost always be shown to come from the community. Frankly, it's not a simple question at all.

rc26 wrote: my stepmother is trying to convince him that it would be easier to maintain a new home vs. one that's 20 years old.

That's a bunch of fucking nonsense.

Go talk some sense into your dad. I think she's trying to play him... and if I were in his shoes, I wouldn't trust her from now on.