Legal Question in Wills and Trusts in Florida

Second Marriage Wills

This is a scond marriage for both of us. As my friend has accumulated some money he would like to be sure that after we are married, he will be able to divide up his estate as he wishes. Meaning, can he leave a certain amount of money to each child and also to me or would the fact that we are now married change anything? Should the will be in effect before or after the marriage?


Asked on 5/09/02, 5:44 pm

2 Answers from Attorneys

Patricia Prince Patricia Gormely Prince, P.C.

Re: Second Marriage Wills

You can do this with an agreement. If it is signed before marriage it is called a prenuptial agreement, after marriage it is called a postnuptial agreement.

For this agreement to be valid, each party must fully disclose their assets, and generally have separate legal counsel, and it should not be presented to the bride or groom for the first time, the night before the marriage.

Our office prepares these documents. They are growing in popularity because of the larger number of second marriages, with 'blended' families. If you have more questions, or wish to discuss cost, you can call and speak with me or with my associate Randy.

Best Regards,

Pat

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Answered on 5/10/02, 8:34 am
Geoffrey Lahn Lahn, McDonagh, and Brown, PLLC

Re: Second Marriage Wills

Providing for a 'new' spouse and children from a prior marriage is relatively easy when addressing your estate planning needs. Depending on his asset base, and yours, you may wish to consider a Trust versus a Will, this vehicle avoids probate and has some tax advantages. If you have any further questions or would like to discuss this matter at our office the initial consultation is free.

Kindest Regards,

Geoff Lahn (734) 944-2269

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Answered on 5/10/02, 1:20 pm


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