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One of the biggest areas of dispute in estate planning is with second marriages. Here is a question I received. I changed the facts surrounding what I am not giving specific legal advice.

Phil,

My dad, 87, is getting married soon to his new wife will be eligible to receive social security benefits in their income. In your living trust that had arranged for me, my sister and her friend. What changes for us, their children when he married this lady? What do we know?

Wow, what a mess.

My first reaction is to wonder whether his father was entering into a marital agreement (a pre-nuptial agreement, or pre-NUP) before marriage. What is a prenuptial agreement that her father will retain control over the use and disposal their property.

Without a prenuptial agreement, your state laws regarding marital property control.

What this means that if your father dies after he returns home and not to alter their estate plan, your new wife may receive credit or legal benefits of their father's property (each state is different, so which is essential to get local councils).

Another area of concern is what happens if the father marries again and then the wife becomes incompetent? Once married, the father, has opened its net value to medical claims and needs of his new wife.

When I was in active practice and was consulted by a client widow who wanted to remarry, I checked the rules on health in the long term (nursing home rules and costs) with him. I showed him what was going to be responsible whether they would remarry. I'd say 8 out of 10 people I saw and approached with this decided not to remarry after learning the rules. It was decided to "live in sin. "

Another area of controversy often saw me was when she remarries with the parents wanted to change his or her estate plan to establish the new spouse. This caused a lot of difficult feelings. Children often felt they were entitled to the inheritance of the first parent to die and should not be room for the new spouse.

In establishing the new wife, the re-marriage of the parents put their children in a position where they are waiting for passage of his "father" of dying before receiving what they regarded as their legitimate right.

So think twice before marrying again in her years later. Consult a competent attorney and consider at least using a pre-nuptial agreement. Consider the impact that the new marriage will have on their trust revocable and if changes are necessary for its succession plan for Medicaid or property for tax reasons.

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Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

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