There are many things in life that can highlight the need for a well though out estate plan that states your goals and desires with clarity. One such event is your decision to marry again.

2. Many people find love later in life. Whether their previous marriages ended as a
result of death or divorce, they’ve moved on and have now found a new
partner to share their lives with. For a lot of those people, they decide to take
the plunge… again… and marry. If you are someone who has, or is
considering, getting married for a second (or subsequent) time, there are some
things regarding your estate plan that you should keep in mind.

3. The main and overarching thing you should keep in mind is the importance of
details and clarity in your planning. Whether your plan is providing
instructions regarding your new spouse, your ex-spouse, your children or your
step-children, it is important to be clear, specific and detailed. In fact, that is
one of the wonderful benefits of putting an estate plan in place. Without a
plan of your own creation, you are stuck with the one-size-fits-most plan of
intestacy created by your state’s laws. With a plan of your own creation, you
have extensive latitude in how you distribute your assets.

4. Generally speaking, the law says that you are not allowed to disinherit a spouse,
so you’ll want to keep that in mind as you enter your new marriage. There is a
narrow exception here because, if you and your spouse have pre-nuptial or
post-nuptial agreements that say that you are waiving your respective rights to
claim a spousal share of the other’s estate, then you are allowed to disinherit
your spouse. If that’s the case, though you should be very certain that your
estate plan makes mention of the pre-nuptial/post-nuptial agreement clearly
and specifically. For those without these types of agreements, your spouse may
either accept what you’ve provided in your plan, or “elect” to receive the
spousal share dictated by your state’s statutes.

5. For many people marrying later in life, there are children (often adult children)
of previous marriages/relationships involved. This is yet another area where
detailed and careful planning is so important, especially if there are
complexities or challenges in your extended family. Some people may be
worried that, if they die first, then their children may get stuck receiving
nothing while their step-children end up getting everything. For those with
such concerns, planning with a trust or trusts may be helpful in their estate
plans. Inclusion of a trust or trusts can give you the ability to ensure that your
side of the blended family continues to have a voice, even after you die (should
you die first.) You could choose, for example, to create a living trust that
names you and your new spouse as the initial trustees but that directs, upon
your death, that the trusteeship be held by your spouse and one of your
children.

6. In other cases, though, the complexity doesn’t arise from concerns about your
step-children, but perhaps your own children. Sometimes, bonds of affinity
don’t always track along the same lines as blood kinship. You may find
yourself estranged from your own children while loving your new spouse’s
kids as if they were your own. Again, this is a time for careful and detailed
planning. The law says that you cannot disinherit a surviving spouse, but that
is the only person you can’t disinherit. There’s no law that says you cannot
leave a child nothing.

7. The law gives you the freedom to customize your plan as you desire as long as
you are accounting for your spouse. If you want to leave distributions to your
new spouse’s children and leave you own biological children nothing or very
little, you can do so. These situations can be tricky, though, as they often
create an increased risk of estate plan contests in court, so it is important to
work with an experienced estate planning attorney to get the strongest possible
plan.

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