Divorced & Married: Impact on the Estate for Your Children

Reneau Law Group

HERE TO HELP YOU WHEN TIMES GET TOUGH

Life can often feel like a grand theater where roles change without warning. One moment, you're part of a loving couple; the next, you find yourself navigating the aftermath of a divorce. Then, when you think you've got a handle on your new solo role, you find love again and are part of a newly remarried couple, stepping onto the stage of a blended family. With these shifts, how do you ensure your financial script doesn't leave your loved ones in a lurch? Here's where the expertise of an estate planning attorney comes into play, guiding you to financial harmony in your transformed life.

Understanding the Dynamics of a Blended Family

Navigating through the labyrinth of legal complexities associated with divorce and remarriage is a daunting task. When children, step-children, new spouses and potential step-grandchildren are involved, the family dynamics can be convoluted. This newly formed family matrix warrants rethinking estate planning to cater to this unique familial structure and prevent potential discord.

The Role of an Estate Planning Attorney

Understanding this novel family configuration is paramount to creating an efficient and fair estate plan. Children from both previous and current marriages may have their expectations. As a newly remarried couple, you might want to ensure that all parties involved allocate your assets and wealth fairly. An experienced estate planning attorney, with specialized knowledge can help you traverse this difficult terrain.

  • Navigating New Legal Contracts

Acknowledging the new legal obligations and rights accompanying remarriage is a significant aspect of estate planning. Rights such as inheritance, decision-making in the event of one's incapacity and potential financial control must be considered and incorporated into the plan. An attorney can guide you in understanding and integrating these legal complexities into your plan.

  • Understanding the Right of Spousal Elective Share

A particularly crucial legal point is the Right of Spousal Elective Share. According to this, your new spouse has the entitlement to inherit from your estate, regardless of whether you've mentioned it in your will or trust. This right is legally enforceable, and an attorney can help you accommodate it in your estate planning, avoiding potential legal hurdles in the future.

  • Protecting the Inheritance of Biological Children

Protecting the inheritance of your biological children might be a concern for you, especially if you're bringing significant wealth into the new marriage. An attorney can help create an estate plan that provides adequately for your new spouse while also safeguarding your biological children's interests. You can use tools like a Spousal Support Trust, which allows you to support your new spouse while keeping your wealth within your biological family.

  • The Need for Ongoing Review and Update

Your estate plan should evolve as your life progresses and circumstances change. It's not a one-time task but a continuous process that requires consistent review and update. An estate planning attorney can help you in this ongoing process, ensuring your estate plan aligns with your current circumstances, objectives and wishes.

In summary, an estate planning attorney's role is instrumental in helping you navigate the complex confluence of divorce, remarriage and estate planning. They can help ensure wealth distribution according to your intentions and that your financial future and loved ones are secure. In the unchartered waters of divorce and remarriage, the guidance of an attorney can be your beacon, leading you toward a financially stable and equitable future for your blended family.

Securing Futures, Together with Reneau Law Group

Has the thought of estate planning in your newly blended family been causing you sleepless nights? The stage is set, and it's time to give the lead role to the experts. At Reneau Law Group, our experienced estate planning attorneys in OKC are ready to craft a masterful script for your financial future.

Don't let your wealth become a point of contention. Let's write a harmonious financial script together, one where everyone's interests are safeguarded. Contact us today - because your peace of mind is our top priority.

**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.