If this was the first time the spouse cheated and they are remorseful and want to stay in the marriage then yes, it is worth trying to save the marriage by seeing a marriage counselor who is not there to blame either spouse, but to give them the tools to strengthen their marriage. If the spouse continually cheats then it is best to get a divorce.
Honestly, it probably never will be. At least not to the extent that it was before.
The percentage of the trust that belongs to the surviving spouse when the spouse passes away and has children can vary depending on the terms of the trust. In some cases, the surviving spouse may be entitled to a portion of the trust assets, while the remaining assets may pass to the children. It is important to review the trust documents and consult with an estate planning attorney to determine the specific distribution.
Do you have a question?
In whatever way it was provided for. I am assuming that the deceased left everything to his or her spouse and now the spouse has died. If he or she had a will, trust, or other way to distribute the estate then it would be distributed according to his or her wishes. If not, then the estate would go through intestacy
You cannot be the surviving spouse of a trust. A trust is a legal arrangement set up to hold title to property. Any trust is managed by the provisions set forth in the document that created the trust. You need to review that document. If no one has a copy then you may need to get a court order to make changes.
We own the house my brother and me and I would to know if you can borrow on it. Thank You
A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.
no it is not but it is about trust
== == Please give us a little more information as to why your spouse doesn't trust you. There must be a reason and we would need to know that to give you advice. Thanks == ==
If the trust was properly drafted it should not be vulnerable to claims of non-beneficiaries. If the spouse wants to challenge the trust it would be up to a court to decide.
It's not typically possible for a surviving spouse to break an irrevocable trust unless there are legal grounds, such as fraud or undue influence. The terms of the trust usually determine how the assets are distributed, regardless of the surviving spouse's desires. The surviving spouse may have rights to certain benefits, but these would not usually include breaking the trust.