WrenfieldEstate Law

Estate planning

Blended families and second marriages

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Two histories, two sets of children, and a plan that has to be a decision rather than an accident.

A second marriage doubles the questions. Whether the survivor can stay in the house. Whether children from a first marriage receive anything before the survivor dies. Whether the plan each spouse wrote for an earlier life still names a former spouse.

The drafting is the smaller half of this. The larger half is saying out loud, while everyone is present, what the plan does and why, so that four adult children read the outcome as a decision rather than as a mistake.

What this involves

  • Mirror trusts with a survivor's occupancy provision
  • Separate and community property, kept straight
  • Provisions for children of an earlier marriage
  • A family meeting before signature, not after

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