Legal Question in Wills and Trusts in Colorado

Re: split of property

There is no right or wrong answer to your question. Also, there is no guidance on what you "should" do.

This is a question that the two of you should discuss. It may mean that each of you would have separate counsel if there is no agreement between you on the division between the children.

The complicated part of your planning is how to structure the Will for the surviving spouse. If you have a Will that leaves everything to the survivor, then it will be up to the survivor how to leave assets to the children. That creates the possibility that the children of the first to die will lose out.

Your best approach is to go visit with an estate planning attorney experienced with questions about blended families.

Re: split of property

As Mr. Greenberg has said, there is no right or wrong way to do it.

First, you must decide between the two of you how you want it to be handled.

Then, see an estate planning attorney to help you set it up. If you both agree on all of the terms, you will need what are called 'reciprocal wills'. One attorney can easily help you both.

If you do not agree on all terms, it might be best if you see separate attorneys, as a conflict might arise which would force an attorney to withdraw from helping both of you.

I have prepared such estate plans before and would be glad to assist you.