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Remarriage and Estate Planning, Elder Law Attorney, Woodstock, GA


If you are planning to get remarried, it is important that you revise your estate plan before doing so, especially if you have children from a previous marriage.

One of the most challenging things for estate lawyers and probate courts to administer is the estate of someone who passes away without a current plan, who was married at the time of death and who had children from a previous marriage. In these cases, it has to be determined how much the spouse is entitled to and how much should go to the children from the previous marriage.

Depending on the terms of the divorce, an ex-spouse could also be entitled to certain assets of the deceased. Most of the difficulty can be avoided if, before getting remarried, people revisit their estate plans and make sure they are updated properly to reflect the expected marriage.

This was the subject of a CNBC article titled “Getting remarried? Protect your assets and your interests.”

The article lists some common estate planning mistakes that people make when getting remarried, including:

  • Not deciding whether beneficiary designations on financial accounts should be changed.
  • Not having a plan for which assets can be comingled with the new spouse’s assets and which should not be.
  • Not having an estate plan at all.
  • Not considering a prenuptial agreement.
  • Failing to give proper verbal instructions to family members.
  • Not deciding whether a house needs to be re-titled.
  • Not purchasing long term care insurance or otherwise planning for nursing home care.

Why take chances? Get the counsel of a qualified estate planning attorney to help you cover all of the bases.

Reference: CNBC (July 28, 2016) “Getting remarried? Protect your assets and your interests.”

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I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

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I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben