If you leave assets to your spouse on your death, generally he or she will be free to do what they like with them. If your spouse should remarry after your death, he or she could pass assets inherited from you to that new spouse. If you are making a will and you are concerned about this possibility, you could set up a defeasible life interest trust under your will.

This would allow your spouse to benefit from the assets in your estate during his or her lifetime if he or she survives you but the assets would be managed by your trustees in accordance with your wishes so that they are protected for the benefit of your children or other beneficiaries.

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