Two Trust Tips for Blended Families and Second Marriages
November 26, 2018
Contemplating your estate planning considerations after getting married for a second time is especially important because there are critical issues that could easily be overlooked that could leave your children from your first marriage or even your new spouse at a disadvantage. 
What follows are two different estate planning tips and considerations for those in second marriages. First of all, spouses can leave their assets separate and have their own revocable trust. You should consult with an experienced estate planning attorney to discuss this option. A trust could be established with the benefit of a surviving spouse after the first spouse passes away. This would enable the surviving spouse to tap into income or even principle.
It’s important to consider giving children a bequest upon the first death, which means that the children will have at least received something if the surviving spouse ends up needing most or all of those funds. The second thing to consider is to choose trustees wisely. The surviving spouse should not be the only person who is listed as a trustee. This means that the trustee has the power to withdraw all of the principle inside the trust which could potentially disinherit children accidentally. The second tip to consider with regards to trust planning for your estate is to create a joint trust which is irrevocable upon the death of the first spouse.
If the spouses wish to sign a joint trust, then the trust must be drafted so that it is irrevocable upon the death of the first spouse. Always consider how you can incorporate children from a previous relationship by giving them a bequest upon the first death. Putting together a trust gives you power, control and some level of flexibility when you have an experienced estate planning lawyer who can help you to draft it and ensure that you have considered all the unique aspects of your individual life. You will have both confidence as well as peace of mind that you have considered all of the most important components of estate planning for your children.
