Is setting up a will/trust without spouse consent a bad idea?
January 11, 2010 1:16 PM Subscribe
Want to set up a will/trust without spouse consent. Is it a bad idea?
posted by anonymous to law & government (19 answers total)
It's been over a year since our child's birth and we dont' have a will/trust set up. On the surface, it was about funds and agreeing on the order of guardianship (who they are isn't the issue, it's the order). But it goes deeper. Spouse is incredibly stupid with money, is sitting on getting it done, won't save to do it. I have the funds to do it and the lawyer said since everything from house to assets are in my name only, I have the right to get it done (revokable). I can even put down stipulations on spending even if only I die and my spouse is alive. This has been a concern for me since my spouse is incredibly stupid with money, doesn't have their own health insurance if I die (and doesn't see the point), and I want to ensure they don't blow the whole thing on dumb stuff.
I wanted to get it done, appoint guardians, a trustee, and put stipulations on the spend if I die or if we both die.
The main issue is I don't want to tell the spouse I did this because they will disagree on guardianship order if we both die. For them, it's a matter of blood vs best friend. Spouse has family, I don't and rely on my best friend as family and feel they will do a better job at being a guide--financially, emotionally, spiritually, etc. than my spouse's choice as primary.
Yes, this speaks volumes about our marriage (which might end) and my intent is not to keep anything of finances away from my husband in the event of my death--just to plan accordingly and set limits ensuring the financial peace of mind for both my spouse and our child instead of having all assets spent in a matter of a few short years leaving the question of is the house paid off, does our child have health insurance, is he going to be ok if we both die, will he have the funds to go to college, etc.