Many clients are remarrying after divorce or loss of a loved one. With the increase in the number of remarriages, prenuptial agreements have moved from taboo to a critical estate planning tool.
If you are thinking of remarrying, remember thaat without a prenuptial agreement, your new spouse may have a claim to 50% of any property you “earn” together during your marriage, and will have a right to stay in your joint homestead for the remainder of his or her life, regardless of what your other estate planning said. If you have children from a previous marriage who you want to be cared for, then prior planning is of utmost importance.
If both you and your intended have children from prior marriages, it becomes even more important to ensure both sides are protected. Suppose you get remarried and want your house and heirlooms to go to your children. If ineffectual planning (or no planning) is used, the new spouse could inherit all of the property and give it to his/her own children.
If you are considering remarriage, it is important for you and your betrothed to discuss the options to ensure your property goes how you wish. The goal of memories of a remarriage should allow the families to focus on the happiness you brought each other, not to foster hatred among the survivors because an inheritance was unjustly taken.