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Families where there are children from a prior marriage need to do careful planning.  Most often, a trust of some form is appropriate because it will become irrevocable upon death (if an irrevocable trust is not set up from the outset) and the surviving second spouse cannot use his/her own will to change the original estate plan and disinherit children of the deceased spouse from a prior marriage.

In most states, a spouse cannot be disinherited – meaning a surviving spouse is entitled to some portion of a deceased spouse’s estate no matter what a Will or Trust says.  Careful planning is needed to make sure a spouse and any children receive the share the testator wishes.  Pre-nuptial and post-nuptial agreements can be very important to achieve results other what the law states.  Almost all assets of a decedent are included when calculating what a surviving spouse is entitled to.

Estate planning is especially important for couples who are not married as no or few legal rights accrue just from dating or living with another individual.  If you wish for your nonmarried partner to share in your estate, and protect the right to live in a shared home, some basic estate planning or changes to real estate documents are necessary.

The consequences of a divorce apply to estate planning as well.  Your “ex” is no longer included as your next of kin.  If there is no will in place, the intestacy laws will again apply.  This can again result in minor children, or even elderly parents or siblings inheriting your estate.