What about protection from predators?
An "Asset Protected Trust" also provides protection from predators. A knowledgeable estate planning attorney will insert special provisions into the trust to keep predators away from your spouse's door. Special trust provisions may include:
- Directions that the trust assets can be used only by your spouse and no one else;
- Appointment of a co-trustee to help protect your spouse from potential predators; and
- A requirement that prior to remarriage the new spouse must sign a prenuptial agreement relinquishing all claims against your spouse's assets.