If you are planning a second marriage you are likely a bit older and a bit wiser than the first time around. Probably, you wish to avoid past mistakes. Estate Planning for a Second Marriage allows you to apply those hard learned lessons. We are happy to walk you through your options in person, feel free to call us! Meanwhile, here is a short introduction to some typical estate issues that arise when Estate Planning for a Second Marriage.
Spousal Elective Share: If you have not addressed these rights in your Prenuptial Agreement, each state gives a spouse the right to claim a portion of their deceased spouse’s estate.
Intestacy, Having No will at Death: If you have no plan, then your assets pass under the State’s plan. Also, without a Will, there are no protective trusts. Further, your spouse or your children may receive more than you intend, leaving your wishes disregarded. A Will allows you to craft a plan that reflects your real desires. The Intestacy Rules do not take your wishes into consideration.
Estate Planning: Marriage allows spouses to work as a team. Married couples may use Estate Planning methods to shelter assets for the surviving spouse. Further, a married couple can use their status to create protection for children that would not otherwise exist. Estate Planning can protect your surviving spouse, beneficiaries, and heirs; plan for illness or disability; preserve your estate; avoid probate; avoid disputes; making your will “Will Contest proof.” Let’s talk!
Will: Without a Will, the state decides where your assets pass at death. The State provides no protective trusts and disregards your wishes.
Contracts To Will: Married couples can legally bind each other to follow a Will’s terms. Such as, the first spouse has a right to live in the family home, which then passes to the second spouse’s children. See Contracts To Will.
Funeral Arrangements: Disputes erupt between children from first marriages and new spouses regarding funeral arrangements and the location of your burial. Naming the right person or persons to control these decisions can avoid conflict. Create a Funeral Directive.
Financial Power of Attorney:. If you are unable to make decisions for yourself because of some accident or medical issue, who makes your financial decisions? This person may be your new spouse, a child or two people working as Co-Agents. Now that you have remarried, it is time to assess who your trust with this responsibility. Create a Financial Power of Attorney with clear direction on gift powers.
Medical Power of Attorney and Living Will: If you are not competent to make your medical decisions, who decides which doctor treats you or the withdrawal of medical care? Remarriage requires reviewing this power. Your Living Will and Medical Power of Attorney controls who visits you when you are ill as well as who serves as your doctor; select a person who can work well with all family members.
Revocable Trust: For married couples, a Revocable Living Trust has many purposes. To learn more, follow this link to Revocable Trust in depth. But, they are especially useful for those in second marriages who wish to have children from the first marriage involved in overseeing their assets. A Revocable Trust allows you to keep your assets separate from your spouse’s. Further, your retain the right to manage and spend your assets as you wish, but you can allow your child the right to administer the trust independently.
Irrevocable Trust: An Irrevocable Trust is an excellent tool to keep assets you owned before the marriage separated from your new spouse’s assets. Irrevocable Trusts address many different problems.
If you have any questions about Estate Planning for Second Marriages or any other estate planning topics, please contact us to schedule a free consultation. For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate law and planning techniques clearly and concisely. We make it easy for you to understand Estate Planning so you can make the best decisions for yourself and your family.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.
Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.
I've worked with and known Peter Klenk and his associates for years. They are highly professional, diligent and truly experts in their field. By focusing on just wills, trusts, and estates, Klenk law has experienced every angle of estate planning and applied that knowledge to help prepare our clients with thorough and comprehensive documents.
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.