My husband recently put all of his cash (over 1 million $) into a trust for his son from a prior marriage. This is his 3rd marriage my 1st...

Question

My husband recently put all of his cash (over 1 million $) into a trust for his son from a prior marriage. This is his 3rd marriage & my 1st. WE are married for 21 yrs. WE own 2 paid for homes that are worth 700K joint tenancy w/ right of survivorship to each other for both. If he passes away & I choose the 30% elective share. Will his 1/2 of the joint tenancy house count against me for getting some of the cash in the trust?ie. does his 1/2 houses value (350 K) count toward the 30% of his estate that I could get? He only owns 1/2 the houses & that cash. Thank you for the selfless work you do to help the masses!

Answer

Simple answer, it is 30% of his worldwide assets, including his share that he may already own with you.

So if the value of his joint tenancies with you already exceed the 30% of his total assets, he doesn't have to give you anything more.