Leave Assets To A Second Spouse When You Have Children From A Prior Marriage The Right Way

Edited by Bob Brumfield

Blending families can pose some challenging estate planning issues, especially when one or both spouses have children from a previous marriage. It can be difficult to balance the needs and interests of your current spouse and your children from a prior marriage, especially when it comes to inheritance.

However, with proper planning, you can leave assets to your second spouse while ensuring that your children from a previous marriage receive a fair share of your estate. Here are some tips for leaving assets to a second spouse when you have children from a prior marriage:

  1. Consider a prenuptial or postnuptial agreement: A prenuptial or postnuptial agreement can help clarify your intentions for your assets and protect your children’s inheritance. These agreements can outline how your assets will be distributed in the event of divorce or death.
  2. Use a trust: A trust can help ensure that your assets are distributed according to your wishes. You can establish a trust that provides for your second spouse during their lifetime, with the remainder passing to your children after their death.
  3. Name beneficiaries on retirement accounts and life insurance policies: Retirement accounts and life insurance policies pass outside of probate, so it’s important to make sure that your beneficiary designations reflect your wishes. Be sure to name your children from your previous marriage as beneficiaries if you want them to receive a share of these assets.
  4. Update your estate plan regularly: Life changes, and so should your estate plan. It’s important to review and update your estate plan regularly to ensure that it reflects your current wishes and circumstances.
  5. Consider a family meeting: It can be helpful to have a family meeting to discuss your estate plan and address any concerns or questions. This can help ensure that everyone is on the same page and can help prevent disputes down the line.

In summary, leaving assets to a second spouse when you have children from a prior marriage can be a complex issue, but with proper planning, it can be done in a way that is fair to everyone involved. By considering a prenuptial or postnuptial agreement, using a trust, updating your estate plan regularly, and having open communication with your family, you can help ensure that your wishes are carried out and your loved ones are provided for.

About the author

Bob Brumfield

Attorney Bob Brumfield has been practicing law since 1984 and regularly receives the “Top Lawyers in California” award as well as the “Client Distinction” and “Client Champion” awards from Martindale-Hubbell.

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