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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.”

Hear From Our Clients
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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

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

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

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