Legal Question in Wills and Trusts in Illinois

how should an estate be divided in a will for a couple that are remarried with adult children. both parties are invested in the estate however when 1 passes, how should their portion of the estate be written in the will for their children?


Asked on 7/20/11, 3:55 pm

2 Answers from Attorneys

Manish Bhatia Manish C. Bhatia, Attorney at Law

I would strongly advise anyone in this situation to discuss the benefits of using a trust with a qualified attorney. Just one example, using a trust would allow each spouse to leave assets for the benefit of the surviving spouse during his or her life and then to his or her won children.

If you are interested in discussing this and other planning options, feel free to contact me at your convenience.

(773)991-8423

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Answered on 7/20/11, 4:02 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Estate planners refer to your situation as one that involves a "blended family." There are a number of options that you can consider, depending upon how close or distant each of you are to your spouse's children. Sometimes, spouses keep their assets divided, allow each spouse to enjoy all assets when the first of them dies, and then divide things up based on each spouse's original contributions to the marriage. On other occasions, when the first spouse dies, a gift will be left to that spouse's children and the remainder will go to the surviving spouse.

There are many other ways to structure this. It all depends on your finances and what feels right to both of you. No one pattern fits in your circumstance due to the wide varieties of blended families. Feel free to call me for a free consultation. I'd be happy to help you find what works for you.

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Answered on 7/20/11, 4:18 pm


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