Inheritance question of second married persons.

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?

Gainesville, FL -

Attorney Answers (3)

Adam Troy Rauman

Adam Troy Rauman

Probate Attorney - Saint Petersburg, FL
Answered

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 arauman@protectyourfuture.com, This answer is... more
Celia R Reed

Celia R Reed

Probate Attorney - Phoenix, AZ
Answered

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-... more
James P. Frederick

James P. Frederick

Probate Attorney - Livonia, MI
Answered

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.

James Frederick

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