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Inheritance question of second married persons.

Gainesville, FL |

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?

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Attorney answers 3


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.

James Frederick

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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, 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.

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