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Commonly Asked Questions about Legal Forms for Prior Marriage Children

For example, if you were to get married for a second time without a will, trust, nor prenuptial agreement, your second wife would be entitled to 50% of your community property earned during your second marriage, while your children from your first marriage would also be entitled to 50% after your death.
How to protect your childrens inheritance when you remarry Get an estate plan in place. The most important thing you can do is make certain that your estate plan is coherent, reflective of your goals and fair to both your new spouse and any children you have from your prior marriage. Name beneficiaries. Use a trust.
In addition to bypassing the probate process, when estate planning for second marriages, utilizing trusts is one of the best ways to ensure that assets are distributed ing to each spouses wishes. A trust is a legal document that dictates how and when to transfer assets to beneficiaries or charities.
One approach is to leave assets to a qualified terminable interest property (QTIP) trust. A QTIP trust is a special type of marital trust defined in the Internal Revenue Code and elected by the decedents personal representative.
That means you must communicate consistently and effectively. If you keep your feelings to yourself, it wont work, especially in case of a second marriage with a child involved. So, talk about how to best parent the kids, talk about issues as they come up, and be on the same page with each other.