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Your Children and Remarriage, Elder Law Attorney, Woodstock, GA

 

If you are planning on getting remarried and have children from previous relationships, it is important for you to think about how to preserve an inheritance for your children.

Although state laws have some variations, a general rule is that if you pass away without a will, then your closest living relative will get your estate. If you are married, it normally means that your spouse gets everything.

This can be a problem if you have children from a previous relationship, since your spouse will not be obligated to preserve anything that he or she inherits and give it to those children.

It is, therefore, important that you make plans for your children, as the Wills, Trusts & Estates Prof Blog discusses in “Protecting Your Children’s Inheritance After Remarriage.”

Some ways to accomplish this include:

  • Get a prenuptial agreement before you get remarried. In a prenuptial agreement, you and your future spouse can agree that some of your assets will go to your children after you pass away.
  • Create a trust that allows your spouse to use some of your assets while he or she is alive and that gives the remainder of the assets to your children after your spouse passes away.
  • Name your children as beneficiaries of your retirement accounts or life insurance policies.
  • Create a will that gives specific bequests to your children.
  • Give your children gifts while you are still alive.

In the end, make sure that you work with a qualified estate planning attorney to get it done right.

Reference: Wills, Trusts & Estates Prof Blog Protecting Your Children’s Inheritance After Remarriage.”

 

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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.”

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- 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!

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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.

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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