Dad and mom got divorced, each taking shares of property. Dad wants to put his assets of money in some form so that his 2 adult kids have what he wants them to have. What are the safest forms to do this so claims from a second marriage can't interfere with his asset plan, especially elective share issue of a second spouse?
Family Law Attorney
Your father should consult with an estate planning attorney and also consider a post nuptial agreement with his new wife.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
I agree that your father should see an estate planning attorney. There are many possible options. If he is not married, then he should consider a pre-nuptial agreement when he gets married. If he is married, then a post-nuptial agreement and a trust might be a good idea. Obviously, it is up to your father what he wants to do with his assets.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Estate Planning Attorney
This question is not as simple as it seems. Your dad really needs to see an estate planning attorney who's firm also handles family law. The only real way to avoid an elective share issue is by having a spouse sign a pre or post marriage agreement.
Answer does not constitute legal advice. (727) 471-0039 or firstname.lastname@example.org, This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.