Estate Planning, Family Law

Estate Planning: Planning to Remarry

Before a remarriage you should discuss your estate plans. This changes from should to must when there are children from a previous relationship. Do you want to leave everything to the kids, or half to the kids and half to the new spouse? If you want to benefit both grown children and your current spouse, decide whether the kids should receive an immediate inheritance or be forced to wait for the death of the surviving spouse. Whatever you decide, spell it out in a prenuptial agreement.

In a remarriage what a surviving spouse receives is often tied to the length of that marriage. For example, a prenup between can state that a spouse is entitled to 25% from the date of marriage through the tenth anniversary and 50% after the tenth anniversary. The remaining part of the estate would be given to the children.

If you later change your mind, you can alter the agreement. However, it is important that when people remarry with children from a previous marriage they discuss these estate issues. Also, making your children aware of your decisions can lessen the tension after your demise. Your new spouse will be thankful you did so. The moral is sign a prenup; it is a lot easier to increase a new spouse’s inheritance than it is to limit it.

About the Author
North Little Rock Arkansas Bankruptcy Lawyer Brandon Haubert

Brandon M. Haubert – North Little Rock Arkansas Bankruptcy Lawyer

Partner

Business Address: 1 Riverfront Pl STE 745, North Little Rock, AR 72114 Hours: Monday – Friday: 8:30AM – 5PM Phone: (501) 263-2422 North Little Rock Bankruptcy Attorney Brandon M. Haubert Brandon Haubert is a top-rated bankruptcy attorney here in North Little Rock (rated one of the Top 40 Under 40 by The National Advocates); he and the team at wh…

View Full Profile
Schedule a Free Consultation
  • This field is for validation purposes and should be left unchanged.
Practice Areas
Bankruptcy
Business Law
Criminal Defense
Elder Law
Employment Law
Estate Planning
Family Law
Personal Injury
Probate & Estate Admin

Request A Consultation

  • This field is for validation purposes and should be left unchanged.
Click to Call Us Now