Question

What does remarriage protection entail?

Answer

Remarriage protection is a provision in a revocable trust ensuring that if a spouse passes away and the surviving spouse decides to remarry, the surviving spouse must have their fiancé sign a prenuptial agreement stating that they won’t benefit from the family trust assets. This helps protect the beneficiaries’ interests in the estate assets and ensures that they’ll inherit the assets instead of the new spouse. The remarriage protection provision would be utilized only to the extent that the surviving spouse has elected to transfer assets into a family or QTIP trust.

Last Updated June 22, 2026

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