Estate Planning In Second Marriage

Added March 20, 2009 by Ilyce R. Glink

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Summary: When a married couple each has their own children, estate planning must be specific to ensure the couple’s assets are left to all the children as desired. Putting a home in a trust with the children as beneficiaries will leave it to them all equally. A life estate as part of the trust will give the other spouse right to survivorship.

Q: My wife and I are both on our second marriage. Each of us has two adult children. It is our desire that whoever should pass (die) first, that person will live in the home until their death. At that person's death, the house will pass equally to my two children and her two children. What is the easiest way to accomplish this? Thank you!

A: You need a trust and a life estate. Put the house into the trust, and name the four children as beneficiaries. The life estate (which will be part of the trust) will ensure that the surviving spouse will be able to live in the house until his or her death.

An estate attorney may have more suggestions but would be able to draw up these documents.

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