When a Trust is Ambiguous
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Q. I have been married to my second husband, Tony, for 10 years. We have two children together and three from both of our previous marriages. I am very close with my mother-in-law, Isabella who recently moved in with us and helps with the children. She is very grateful that she and I have such a good relationship, since she often butted heads about everything with my
husband’s first wife.
Similar to many of us, COVID-19 had Isabella thinking seriously about her mortality and planning for her future and for her loved ones. Isabella likes to save money wherever she can, so she found an online service to do her Will and Revocable Living Trust. She showed the template to me and my husband, proud of taking the initiative and completing what she said was a very easy
online form. Luckily, she did not press “submit!”
My husband and I are concerned. The trust she plans on doing herself online seems very generic and it mentions my husband, his spouse and his children, but no names, so its vague whether that spouse is me or his ex-wife and if the children are our children or his children from his previous marriage, or all of the children. I could foresee lots of problems in the future with
her generic documents. Since I am the one who is currently married to my husband, if she decides to do this, do you think that it will be a given that it’s me she is talking about and not his ex-wife, and our children too? What should I suggest for her to do to make things clearer and less ambiguous? Thanks so much!
Critter Corner: How Can Seniors Best Adjust to Daylight Savings Time?
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This Sunday is Pi Day. It’s also daylight savings day, where we move the clocks forward an hour. Every year, I have the hardest time adjusting, and as I’m getting older, it’s gotten more difficult. Do you have any suggestions for making daylight savings an easier adjustment?
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Certified Elder Law Attorney and Medicaid Asset Protection Expert, Evan H. Farr, CELA, has written four best-selling books in the field of elder law. For more information and to order, click here.
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