One of the most important estate planning documents is your Living Will.  A Living Will directs what medical treatment and medications you should receive when you become disabled and cannot express your own wishes.  Living Wills are designed to protect you and your family.

When You Become Disabled

I say “when you become disabled” rather than “if you become disabled” because every one of us will be disabled at some point in our lives.  It may be the last ten minutes of our life or the last ten years.  Also we may be disabled for a day or a week and then recover our ability to make decisions on our own.  This is why a Living Will is so important. 

In Minnesota, a Living Will is sometimes called a “Health Care Directive”, a “Power of Attorney for Medical Care”, an “Advance Care Declaration” or by several other names.

The focus of a Living Will is that the patient designates another person to make decisions for him or her when the patient is disabled.

Differences Between Living Wills

Not all Living Wills are created equal.  For example, the Federal Health Insurance Portability and Accountability Act (also known as HIPAA) can significantly affect how a hospital or clinic will interpret a person’s Living Will.  It is important to make sure that your Living Will is in compliance with HIPAA.

Another important thing to do is to make sure that your Living Will is delivered to your doctor or clinic.  A carefully drafted Living Will has no effect if it is sitting in a lawyer’s office or at home in your desk when it is needed at the hospital.  What is more, sometimes people will sign a new make-shift Living Will that they receive at the clinic prior to a medical procedure.  Many people do not realize that the make-shift Living Will they sign at the clinic usually invalidates the carefully written Living Will that an attorney wrote with them.

A Living Will can also direct what is to be done with the bodily remains of a person after his or her death.  Does the person want cremation or traditional burial?  Does the person want to donate their organs to help save other’s lives?  Are there other ceremonial or particular things which should be done at the funeral?  These kinds of questions can also be addressed through a properly written Living Will.

Make Sure Your Living Will Is Valid In All 50 States

Lastly, there are different laws concerning Living Wills in other states.  This means that it is important to have the Living Will written in such a way that it is valid in all 50 states.  It should have the proper provisions, so that it is valid whether you need a medical treatment here at a clinic in Minnesota, or other states like California or Florida. It is also helpful to the estate planning attorney to have access to the Living Will provisions of all 50 states.  This way, the client can get the best possible Living Will to meet the family’s needs.

When it comes to a Living Will, “one size” does not fit every circumstance.  All Living Wills are not created equal.  They serve a vital part in a person’s estate plan, and should be crafted carefully to protect you when you become disabled.  It is important that these vital decisions are made when you are fully alert and aware of your choices.

The contents of this article are for information only and are not to be interpreted as legal advice.  For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.

When a person is informed by their medical professional that he or she is going to die soon, one of the major issues that he or she has to face is how to handle their bank accounts, retirement plans, real estate, and other assets.

This News Can Cause High Emotions

Receiving this news can cause some very high emotions for the family. The well-intended, but sometimes misguided, advice from relatives may cause the dying person to make some very bad decisions.

A Story In Minnesota

Let me tell you about a story here in Minnesota.  We recently had a client whose mother we will call Audrey.

Audrey was told by her doctor that she had inoperable lung cancer.  After the immediate shock wore off, she began to worry about her children’s futures.  She wanted to make sure that her children received as many of her possessions as possible.

Audrey’s brother-in-law suggested that she should liquidate all of her assets and distribute the proceeds to her children while she was still alive.  The brother-in-law told her that she should avoid probate at all costs.

Taking The Misguided Advice

On that advice, Audrey promptly cashed out her 401(k) program at work and gave away the proceeds to her four children.

She gave the deed for her $300,000 homestead in Bloomington to her children.

Audrey went to the bank and listed her son Ralph as a joint owner of her two bank accounts and mutual fund worth $80,000.  Ralph promised Audrey that he would divide the accounts four ways between himself and his three sisters.

Shortly after that, Audrey passed away, feeling she had successfully taken care of her children and avoided probate.

The Cost Of Avoiding Probate

It is true that Audrey had avoided probate.  However, the cost to her family for the things she had done was enormous.

For starters, her decision to cash out her 401(k) at work created immediate tax penalties on the proceeds.

Audrey owned her home outright, so the $300,000 gift she gave to her four children created a large gift tax of approximately $37,000, since it had occurred during her lifetime.  If the home had been transferred by probate after the death, it most likely would not have incurred any taxes.

It turns out that Ralph had a number of creditors, who seized most of the two bank accounts and a large part of the $80,000 mutual fund she had given him.  After Ralph’s creditors took their shares, Audrey’s children got very little of those investments.

When Audrey’s oldest daughter, who we will call Anne came to see me, there was far less remaining in Audrey’s estate for us to work with than we could have had if Audrey had planned properly.  This was a very sad realization for the family.

A Better Scenario-Planning The Estate

Let’s go back to when Audrey was first diagnosed with a terminal condition.  If she had consulted with an experienced estate planning attorney, here is what could have happened:

A trust or a will would be created, which sets forth a roadmap of how Audrey’s assets would be divided and who would administer her estate after she passed.

By using a trust, even Ralph’s share of the estate could be protected from the hands of his creditors.

A plan could be made so that her home in Bloomington would pass directly to her children, and most likely with no tax consequences.

Her investments could be protected as well.  A 401(k) distribution could be made in such a way that the taxes and penalties she incurred could most likely be avoided.  What is more, in most cases a 401(k) can be rolled over so that taxes can be further deferred, and the 401(k) could be “stretched” to provide a partial retirement plan for Audrey’s children.

The bank accounts could be preserved for the benefit of the children using a payable on death provision.

Obviously each estate plan is unique and the results can vary depending on the circumstances.

However, the message is clear.  If you or someone you love is faced with end-of-life decisions involving your assets, it’s a good idea to speak with an experienced estate planning attorney.  This way you can be sure your wishes are carried out while maximizing the amount of the estate.

The contents of this article are for information only and are not to be interpreted as legal advice.  For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.

Mary lives in Saint Paul with her grandmother Marjorie, whom she has taken care of for the past four years. Her brother, Richard, offered to take care of Marjorie’s finances so the grandmother signed a power of attorney for Richard to take care of her assets and monthly bills. Things went well for several months.

Using The Power Of Attorney

One day Mary learns that Richard has cashed out several of Marjorie’s certificates of deposit using the power of attorney. When Mary asks Richard about it, he becomes defensive and angry! He refuses to discuss his management of Marjorie’s finances.

Marjorie is physically and mentally disabled and does not remember anything about any discussions with Richard. Unfortunately, she has an advanced case of Alzheimer’s disease.

What Can Be Done?

Mary is upset with Richard’s actions and wants to know what can be done to ensure Marjorie’s assets are protected in order to provide for her daily needs and care.

Financial abuse of senior citizens is an enormous problem in our society. Was Richard stealing Marjorie’s assets?

At the same time, many families try to care for elderly parents or grandparents in the best way they can. Perhaps Richard was properly taking care of Marjorie’s finances. If so, it may be unfair to accuse Richard of wrongful conduct.

Be Open With A Power Of Attorney

For one thing, it is often helpful if more than one family member is managing the disabled person’s finances. We always recommend to our clients that the persons who have the power of attorney share information with the immediate family members unless there is a compelling reason not to do so.

From the facts of the case, it seems doubtful that Marjorie could cooperate, for example, to demand an accounting from Richard or to revoke the power of attorney. As stated, she is dealing with an advanced case of Alzheimer’s disease.

Possible Actions To Take Against The Brother

Mary and the family could petition the probate court to appoint a conservator to administer Marjorie’s assets. The court could also appoint a guardian for Marjorie to make necessary decisions for her care.

The county also has agents whose responsibility is to investigate cases of senior abuse, including financial exploitation.

Any of these steps can be very difficult for the family to undertake. The temptation is for the family to procrastinate and hope that the problem will go away. It won’t. When you suspect a problem in the family, it’s important to communicate with other family members without delay. If you need professional assistance, contact an experienced probate attorney promptly.

Multiple marriages frequently bring complexity to estate planning. While some people need a few tries to find true love, just one slip up on a will can cost the heirs of a past marriage the entire estate. This potential for error can be something that many people overlook.

Third Marriage With Children

Take Tony for example. Tony’s first marriage lasted barely a year. His second marriage lasted for ten and he has two great kids to show for it. Now that Tony is preparing to marry his third wife, Christina, he wants to know how to continue to provide for his kids. Specifically, he wants to include them in his will, but not their mother (his second wife).

What can Tony do to ensure that his children are the beneficiaries? Also, what can Tony do if he were to have a child with his third wife Christina? Basically, how does Tony protect his estate over several marriages?

Minnesota Estate Planning Solutions

A Minnesota estate plan can leave certain accounts or possessions or real estate to particular persons. However, these may require the approval of Christina if she is giving up what the probate law would otherwise provide to her. An honest discussion between Tony and Christina would be a good start.

Tony and Christina may plan to have a child. This can be a blessing for the family but it can be a source of friction. Christina may feel very different about her stepchildren receiving an inheritance after her own child is born. This makes estate planning especially important, since the state of Minnesota will handle a probate differently if Christina has a child with Tony.

Tony and Christina can sign a trust that administers their assets together and provides for their children from the past and present marriage. This can be a very good option, given that children are already part of the equation. Additionally, trusts can be very specific, and provide more options in administering the estate than a will.

Another possibility is signing a transfer on death deed that puts one or more of their children on the title to real estate. This is an option that requires some due diligence and planning for the transfer to occur. Tony may want to notify the children in advance of this option, since they may incur financial impacts once the transfer occurs.

Wrapping It Up

These are all possible solutions to the dilemma of how to provide for a surviving spouse as well as children from more than one marriage.

The details are important, which is why you should always consult with a skilled estate planning attorney in order to create your estate plan.

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning. The U.S. Treasury Department requires us to advise you that any written tax advice cannot be used and is not intended to be used by any taxpayer for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Written advice from our firm relating to any Federal Tax matters may not be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer.

Elizabeth is a senior woman.  She is a very independent person and has been diligent in saving money throughout her entire life.  Her husband Albert died five years ago. After his passing, Elizabeth was very lonely until she met Ronald, whose wife Audrey died three years ago.

Considering Marriage

Now Elizabeth and Ronald are thinking about getting married. They are unsure about whether their respective pensions and retirement benefits will be increased or reduced due to a marriage. An inquiry to their tax advisor is scheduled, but they also have another worry.

Elizabeth is especially concerned that her three adult children, from her earlier marriage to Albert, will not receive her estate after her death.

Second Marriage And Minnesota Law

Under Minnesota law, if Elizabeth does no estate planning, then Ronald will generally get most of her estate if he outlives her. This can be particularly upsetting to Elizabeth’s children because, if Ronald dies a few years after Elizabeth, Ronald’s and Audrey’s children would get most or all of Elizabeth’s and Albert’s estate.

Estate Planning Options

There are several alternative estate planning steps that can be taken.

Elizabeth and Ronald could sign a premarital agreement before they get married. This can specify that Elizabeth’s children would get her assets and Ronald’s children would get his. Premarital agreements require some planning so they should be completed some time in advance of the wedding. The law requires that there be full disclosure of all assets and that both parties are treated fairly in the agreement process. It is usually a good idea for each of them to have their own attorney before the agreement is signed.

For seniors with children from a previous marriage, our office almost always recommends a premarital agreement.

Another possibility is for Elizabeth to have her attorney prepare a Trust. A Trust is a separate legal entity and needs a trustee who administers it and the accounts, personal property, or real estate that is placed in the trust. The trust can provide for reasonable support for Ronald during his lifetime with the balance going to Elizabeth’s children after both their deaths.

A Very Fair Decision

After meeting with an experienced estate planning attorney, Elizabeth decides to utilize both of these options. She and Ronald come to a very fair decision for their premarital agreement. Since they both have established wealth, they decide to keep things as they were before the marriage, with each planning to distribute assets to their respective families.

Next, Elizabeth and her estate planning attorney discover some weaknesses in her current plans, prompting them to create a trust to distribute her assets after she passes. Previously, her sole estate planning instrument was simply a will. With a trust in place, Elizabeth can rest easy at night knowing that her professional trustee will administer her assets to her children and their families. She does not have to worry about a desperate family member complicating the distribution of her assets.

Finally, Elizabeth and Ronald have Powers of Attorney and Health Care Directives drafted for each other. This also puts them at ease, since these documents dictate how their medical care should be handled if they become incapacitated. Elizabeth has selected her oldest daughter to be the primary health care agent, with her son as the secondary health care agent.

A well-drafted estate plan can make the golden years even brighter for the senior and his or her family.

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning. The U.S. Treasury Department requires us to advise you that any written tax advice cannot be used and is not intended to be used by any taxpayer for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Written advice from our firm relating to any Federal Tax matters may not, without our express written consent, be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer.

According to recent studies, half of all eligible Americans, apparently worried about the future of social security or the current economy, are filing for social security at the earliest they can, namely 62 years of age.

Filing Early Could Be A Mistake

This is likely to be a mistake for many of them because they will be giving up thousands of dollars of benefits they would otherwise receive if they waited until age 66 or 70.

Social security retirement benefits are not the same for everyone who qualifies. Benefits can depend on the applicant’s age, amounts the applicant paid in, marital status and other factors.

Example Situations

The best advice is to take a deep breath and don’t rush into filing without analyzing all the facts that determine your benefits. Let’s look at a few examples.

Scenario #1: Herb and Alice wanted to retire as young as possible. They both filed at age 62. Over the course of their retirement they will lose over $70,000 of net benefits that they would have enjoyed if they had waited till age 66 or 70.

Scenario #2: Herb decides a year after filing to go back to his old job that earns him $20,000 part time. Now Herb has the worst of both worlds because he is locked into the lowered benefits of his filing date (unless he repays the benefits he already received) and he will forfeit one-half of his current monthly social security benefits. A very ugly situation.

Scenario #3: John and Mary are married when he is 54 and she is 52. It is the second marriage for each and John has custody of two minor children from his first marriage. They agree that Mary should quit the job she had for 20 years to stay home to care for the kids. When Mary applies for social security ten years later she may be refused or receive less benefits due to her lack of recent quarters of coverage (QC’s).

These scenarios do not apply in all cases and may depend on additional factors. The point, however, is that before you make a significant change in your employment status or consider filing for social security retirement, you should investigate what your decision will have on your eligibility for benefits.

Typically the choices for filing for social security are at age 62, age 66 (for persons born between 1943 and 1954) and age 70. Also husband and wife can select different filing ages. Each choice has its own advantages and disadvantages.

Fortunately there are some very good resources online to help you and your spouse make your decisions.

The best tool by far is the Social Security Relevant Benefit Calculator. It is an interactive website that allows you to enter your personal data and discover what your benefits will be under different scenarios. You can access it at www.socialsecurity.gov/estimator

If you want more detailed technical information about eligibility, you can obtain the social security handbook at the Social Security website as well.

Boston College’s Center for Retirement Research has an ebook written in layperson’s language titled “Social Security Claiming Guide” at http://www.crr.bc.edu.

For internet-phobes or persons preferring face-to-face information here in Minnesota, they can visit the local social security office at 6161 American Blvd. W., Bloomington, MN 55437 (Phone 1-800-772-1213).

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning. The U.S. Treasury Department requires us to advise you that any written tax advice cannot be used and is not intended to be used by any taxpayer for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Written advice from our firm relating to any Federal Tax matters may not, without our express written consent, be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer.

Your Dad died a few years ago and Mom has met a nice fellow at the senior citizens center. They plan to marry.

Dad left a nice nest egg to Mom to live a good life. He wanted his kids – you and your sister and brother – to get the benefit of his business success and estate planning.

Mom Plans To Remarry

Now that she is planning to remarry, you and your siblings are concerned that Dad’s assets may go to her new husband if Mom dies before him.

That’s a very legitimate concern.

Of course, if Mom wants husband number 2 to get your family assets that could happen.

If Mom wants you and your siblings to get a share of the family assets, it is very important that she and the family make decisions BEFORE the wedding.

Ways To Protect The Assets

Here are some possibilities under Minnesota law.

Mom could get a prenuptial or premarital Agreement done with her new husband before the wedding.

A prenuptial agreement is a somewhat complicated document that safeguards certain family assets usually for the children of their first marriage. This document should be drafted by an attorney experienced in prenuptial agreements and should be done well in advance of the wedding so it is done with care and making sure all assets are accounted for.

Mom could gift some assets to children or other family members before the marriage. This has many risks and Mom and the children should carefully consider all the implications of this step. They should also consult with an experienced professional.

It is possible to use “transfer on death” deeds or “payable on death” bank accounts to assure that Mom’s children get the assets that she and Dad intended.

Another possibility is for Mom to create a Revocable Living Trust that would transfer family assets before or after her death.

Promoting Family Harmony

In all of these cases, it is a good idea, if possible, for the new husband to be in agreement with the estate plan. Nowadays, people live longer and are healthier well into old age; the possibility of a second or even third marriage of a surviving spouse is very likely.

The family and Mom should think about it and take action so they are not surprised later if the new spouse may get the family assets.

Careful planning with an estate planning professional is a vital step.

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning. The U.S. Treasury Department requires us to advise you that any written tax advice cannot be used and is not intended to be used by any taxpayer for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Written advice from our firm relating to any Federal Tax matters may not, without our express written consent, be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer.

Mom and Dad have passed away, leaving the behind the family cabin. Now that summer has finally arrived, the cabin on Round Lake is ready for fishing, waterskiing and canoeing.  You and your children have been eagerly awaiting the opportunity to spend some quality time together “Up North”.

But there’s a problem.

Your stepsister, Marilyn, who is personal representative (executor) of Mom’s estate and her family are using the cabin and not letting other siblings use it.

Family Conflicts Involving The Cabin

When you call your stepsister to complain, she says you and your kids can use it for a week when she’s through using it for the month of July. You tell your spouse and you are both very angry with your stepsister. What can be done?

In the short run, your stepsister Marilyn is serving as personal representative for the estate left behind by your deceased Mom and Dad. Marilyn what we call a fiduciary for you and your brothers and sisters. This means that she must administer the assets (including the lake cabin) for the best interests of the beneficiaries (this means you and your siblings). As a general matter, while the family cabin is a part of the estate, it should be administered for the benefit of all the heirs.

Reasonably that should mean that the family members should have equal opportunity to use the cabin, the boat and other equipment. However, this can be easier said than done. If it comes to enforcement of the fiduciary obligations of the personal representative where a peaceful agreement between the siblings comes apart, a court hearing and order may be necessary.

Questions To Consider Regarding The Family Cabin

All right, once the use of the cabin for the summer is worked out, more questions need to be answered:

• Will the cabin be sold?
• Will it be put in the name of all the heirs?
• How will you determine who gets to use the cabin for particular weeks or weekends during the summer and fall?
• Who will pay the taxes, insurance or repairs such as a new roof?
• What if one of the heirs can’t or won’t pay his share?
• What if sister Mary divorces deadbeat Fred? Will Fred have use of the cabin?
• What if brother Tom has credit problems? Will Tom’s creditors get a share of the cabin?

These and many more issues can face the family when all you want to do is to see the grandkids and great grandchildren enjoy the family cabin just like Mom and Dad did when they were kids.

Setting Up A Legal Organization For A Cabin

To preserve family harmony and keep the cabin in the family, you may want to think about setting up a legal organization of family members for these purposes.

You could sell it to a family member who signs a contract to make it available to family members.

You may sign it over to all family members as tenants in common. This is a single step but may not give you the protection you want.

You may want to set up a Family Limited Partnership or Limited Liability Company. These two choices are similar and can provide the greatest level of protection to keep the cabin in the family and be sure that expense and upkeep matters are taken care of.

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.

When you are taken to a hospital in Minnesota from an accident or illness, it may be too late to prepare the documents to assure you the care you want or to provide access to your medical information for your loved ones.  This could create a major issue when your family is faced with making a decision on the type of treatment you receive.

The Terri Schiavo Case in Florida

The Terri Schiavo case in Florida several years ago provides a graphic example of why every adult should have a health care directive.

In that case, a 27 year-old woman went into the hospital for a simple medical procedure but fell into a coma and she lived for a number of years.

She had no health care directive so her family could not help decide her medical treatment. The case went all through the Florida courts as well as the Congress, the White House and the U.S. Supreme Court. It certainly was a very sad affair.

How Does A Health Care Directive Work?

A Health Care Directive (HCD) under Minnesota law goes by many names… sometimes it is called a “Living Will” or an Advance Care Declaration or Health Care Power of Attorney. They all mean the same thing.

A HCD identifies who you would want to make your medical treatment decisions if you’re not able to make those choices on your own. The choice of the health care agent or health care proxy is one you should carefully consider. It should be someone you trust, who is sensitive to your wishes regarding health care but, at the same time, a person who can make a tough decision on your behalf if it comes to that.

The Health Care Directive spells out what medical procedures and medications you would want and which ones you do not want. However, with the constant improvements in medicine, some procedures that were once may have been painful or intrusive may be more tolerable at the time your Health Care Agent must make a decision.

A HCD can also direct what you want to be done with your body after death including whether or not you want cremation or organ donation. You can also designate funeral arrangements and burial location.

Having a HCD is very important for you and your entire family. Talk to your attorney or your doctor about one soon.

When you die and if your spouse remarries, will your spouse’s new husband or wife and the stepchildren inherit your children’s share of the family inheritance?  This may be difficult for some people to think about, but it is something that married couples may want to consider.  This is especially true in an era where some people are living much longer lives.

Modern Estate Planning

Once upon a time when Mom or Dad passed away, the surviving spouse lived for a few years with a family member or in a nursing home and then died. Today the typical surviving spouse will live for 20 years or more, often in good health and will want to enjoy life, including marrying a new spouse.

This often causes distress in the first family because the children may feel that the surviving spouse has “let down” the memory of the deceased Mom or Dad. What’s more, the first family may have conflicts with the new spouse over care of the Mom or Dad and the use of the surviving spouse’s assets. If the new spouse also has children from a previous marriage, the first family may resent the influence that the stepchildren exercise over their parent.

Blended Families

“The Brady Bunch” makes good TV entertainment but very few “blended families” work out with the harmony of that sitcom. Some people will say “My spouse would never remarry and leave my assets to their new spouse’s children.” But think about that. You married your spouse because of that person’s attractiveness, personality and intelligence. Don’t you think that after your passing, another possible mate won’t see your spouse’s personal charms? Add to that the assets he or she has from your estate and you have a perfect situation for a new matchmaking. And what about the new spouse? Don’t you think he or she will want access to your surviving spouse’s wealth and to pass it on to their own family?

The Lateral Transfer Of Wealth

This is what we call the “lateral transfer of wealth“. It is the source of huge conflicts in our society and in the courts today.

Celebrity Lateral Transfer of Wealth

Remember when Anna Nicole Smith married oilman J. Howard Marshall? He was 89 years old and she was 28 years old when they wed in 1995. He lived for another 13 months. Anna Nicole then inherited Marshall’s huge fortune, much to the anger of Howard Marshall’s children from his prior marriage. However, there was very little that they could do since Anna Nicole was his wife and his estate plan had not anticipated Howard succumbing to her charms.

Was Anna Nicole a predatory “gold-digger”? We leave that to you to decide. The probate battle has gone up and back from the U.S. Supreme Court. Right now it appears that the Marshall fortune will probably go to Smith’s one year-old out-of-wedlock daughter, Dannielynn Birkhead. Stay tuned when more dish comes out.

Family Estate Planning Should Anticipate Second Marriages

What the Anna Nicole Smith-Marshall case illustrates is that family estate planning should anticipate second marriages whether due to death of a spouse or divorce. The estate plan should envision what should happen to the surviving spouse’s legacy as well as the children’s share upon the remarriage. The only reasonably sure way to control this is through a Trust that continues to monitor the family developments. Even a well-drafted Will cannot deal with these changes in circumstance.

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.