Beware! Estate Planning for Second Marriages Can Be Tricky.
The following was recently published in my “Ask the Lawyer” column:
Question: I just got remarried and both my husband and I have children from previous marriages. I am worried that my son and daughter won’t get anything if I die first.
Answer: You must take special care to plan if you are in a second marriage because of the complex relationships between step-parents and step-children. We see two common problems: (1) you add your husband’s name on the house and bank accounts, and if you die first he gets everything, and your children get nothing; or (2) you leave everything to your children, and your husband gets nothing (if you can believe it, we have had kids evict their mom’s husband from the house after their mom died). One other thing, your husband has inheritance rights to your assets even if you have a Will leaving everything to your children (this is called “spousal election”). We have special “Second Marriage Estate Planning Worksheet” to help you and your husband work through these issues (yes, there are solutions, and they result in taking care of your husband and your children, which is what most people want). If you would like our free Worksheet, please email me at email@example.com or call me at (517) 548-7400.Explore posts in the same categories: Durable Power of Attorney, Estate Planning, Estate Tax, IRA Beneficiaries