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  1. #1
    Join Date
    Jul 2009
    Posts
    13

    Default Trust and Surviving Spouse

    My aunt recently put her home in a trust for her children.She neglected to tell the lawyer that she is married.(For unknown reasons she married without telling her children.)In the state of Fla. I understand there is a law that provides for the surviving spouse.His name is not on the home nor is it on the trust.Is the trust still valid?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trust and Surviving Spouse

    What type of trust is it?

    If it's a standard revocable living trust, the improper conveyance won't invalidate the trust - but, depending upon the specifics of the case and what happens from here forward, the spouse could potentially make a claim against the trust or seek to invalidate the conveyance.

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