The question you are asking is very fact specific. I would need to review the proposed deed and trust in order to answer your specific question. However, I can tell you that anytime someone makes the decision to get married it is always a good idea to consult with an attorney prior to doing so. There are legal ramifications to getting married from both an estate and dissolution of marriage standpoint that you should be made aware of prior to getting married. For example, from an estate standpoint a surviving spouse has certain rights, such as the ability to make an elective share claim, receive an inheritance under the intestacy laws and obtain an interest in their spouses homestead, that they would not otherwise have had if they were not married. From a dissolution of marriage standpoint, assets that were owned by a spouse prior to the marriage could become marital assets and subject to division in a divorce proceeding if they are commingled or titled in joint names with the other spouse during the marriage. The prior examples are not a comprehensive list and you should consult with an attorney prior to getting married.
It is very common in a second marriage between parties that have children from a prior relationship to execute prenuptial agreements prior to the marriage. A prenuptial agreement can spell out exactly what will happen in the event the marriage is dissolved or a spouse dies during the marriage. I have prepared many such agreements in the past and would be more than happy to meet with you to discuss the legal consequences of getting married as well as how a prenuptial agreement can change those consequences. Please contact my office at (352) 365-2262 to schedule an appointment.
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