Trust

[macc]

Husband and I have a prenup. I have a holographic will. Hubby has one prepared by his attorney. I am not an heir to his will and neither is he in mine. We were both retired when we married a couple of years ago. We have no joint property of any kind.

I wish to set up a trust for my disabled adult daughter using my separate account. This has nothing to do regarding my husband and wish to know if he has to be involved in setting up this trust.

I plan on contacting your office for an appointment and wondering if I can request a specific attorney.

Please advise.

Thank you kindly.

[Lex]

You can certainly set up your own trust and your husband would not need to be involved.

A trust would add another layer of protection that would fit in with the purposes of a prenup. In other words, keeping assets for each partner separate, protected and destined to go that that spouse’s children (if that is what is desired.)

So, certainly a trust that would qualify as a special needs trust that protects the beneficiary from losing government assistance, whether existing or needed in the future, would be the best course.

A trust would replace your olographic (that is the way it is spelled in Louisiana) will. Olographic wills can be problematic anyway since they are easier to attack than a notarial will. Trust a generally harder still to attack.

You can request a particular attorney, did you have someone in particular in mind?

[macc]

Thank you Lex. I really appreciate your reply. Sounds great.

I would like to have you handle the trust.

I’m located several miles west of Mandeville.

Thank you kindly.

[Lex]

Just call us at 727-0778 and we’ll set you up.

[macc]

Will do. Hopefully by mid Sept.

Thanks again.

[Author]

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