One lawyer says a trust is better, other says a will is better, which do you think?

[amberfun]

I own my house outright for a decade. Got married to make immigration possible for wife 6 months ago, to 27yr old wife, I am 54. We have a 3 year old daughter, and I want her to grow up in the U.S.. I want to leave house to be inherited by daughter, partially as reason, and means, for daughter to remain living in U.S. after my death. I do not trust wife that she might sell my house after my death and use funds to take daughter back to Poland. I do not have anybody other than wife who could administer will or be trustee to Trust. Will will lead to probate, which I wonder how much money that would eat up out of my estate, but apparently the probate will require her to keep house as per my wishes. Trust saves the asset left to daughter from probate, but wife apparently will have more freedom to sell house and use proceeds in whatever way she prefers, as long as she claims it is in child's best interest, which maybe could mean selling house and moving to Poland. Which is best for trying to keep child in U.S., and with her getting the asset of my house when she turens 18 years old?

 

[dee_dub]

I think it's silly asking persons on the internet for legal opinions when you've already got two. You should ask your lawyers to explain their answers, present the opposing position to them and ask why not that, and go with whichever one sounds more reasonable to you.

From a practical point of view, your wife is going to be in charge of the estate one way or the other - either as executor of the will or as trustee. Personally I would go with a trust for the tax benefits.

http://www.legalzoom.com/legal-articles/will-vs-living-trust.html