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Estate planning is important for everyone, but especially for divorced, widowed, and remarried individuals. The laws surrounding inheritance are complicated when it comes to blended families, and without correct estate planning by a competent lawyer, your wishes may not be carried out as you want. During the process of establishing wills and trusts, here are the major questions you should be asking.

How Will Childcare & Custody Be Arranged?

If you have children from a previous relationship, don’t make any assumptions about their custody in the case of your death. Instead, establish in your will what you would like to happen. This may mean giving custody to the other natural parent, seeking custody for your current partner, or creating a shared custody agreement. To do this, you may need to get the consent of the other natural parent—the requirements depend on the facts of your case and current agreement.

Which Partner Owns Which Assets?

Estate PlanningAny individually owned property, such as inheritances or items acquired before marriage, may be treated differently in the event of your death than property you own jointly with your spouse. Sit down with an estate planning attorney and look at the ownership and legal disposition of all your major assets. If you are not satisfied with the current legal status of your shared property, now is the time to change it.

Do Any Exes Have a Claim?

In some cases, an ex-spouse or parent of a child may be the default beneficiary of your estate, rather than your current partner. Establishing an iron-clad will can prevent this from becoming an issue, but you may also need to take additional legal steps.

 

If you are divorced, remarried, or widowed, Woodlawn Law Offices in O’Fallon, MO, can help you navigate the complications of the estate planning process. Attorney David Schmidt has more than 25 years of experience in estate law, as well as family, business, disability, traffic, and workers’ compensation laws. To schedule a consultation, contact him at (636) 240-6667, or learn more online.

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