Thursday, August 18, 2016

Estate Planning with an Attorney

Many jurisdictions prevent spouses from being disinherited, so a court could void provisions in a will that leaves everything to children from a prior marriage. Remarriage also doesn’t revoke a will. Sometimes a surviving spouse has a right to take an “elective share” of the deceased spouse’s estate regardless of the language in a will. This is typically one-third or one-half of the estate. Your estate can include almost all your property. This may result in your children receiving less. Be sure to discuss this situation with your estate planning attorney so the proper language in your will can be drafted. This is a good time to discuss all your estate planning documents including your durable power of attorney, advance medical directives, trust provision, and your beneficiary designations.

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