Estate Planning After Re-Marriage or Divorce


Drafting new estate documents during or after divorce or remarriage can be complicated. The common "Sweetheart" Will where everything is left to the surviving spouse can unintentionally disinherit children from a previous marriage. It is not uncommon for partners in a second marriage to each have children from their first marriage as well as children from the current marriage. Without awareness to this potential trap, the children of the first might not be the beneficiaries of their parent's estate as intended. This is often the result of using "Do-It-Yourself Will Kits", and unfortunately, it is not discovered until after the death of one member of the couple. To avoid this result, careful estate planning is necessary after remarriage. Ideally, the parties will have signed a pre-nuptial agreement that has terms that form the basis for future estate planning.


Another consideration are the terms of the Will, Powers of Attorney and Advance Directives you drafted during your prior marriage leaving all your property to your ex-spouse. If you do not revoke or revise these documents, you my unintentionally leave the bulk of your assets to your ex-spouse or leave them with control over your assets. To avoid this you should, at a minimum, revoke and destroy your prior estate documents, but a better more prudent choice is to draft new documents that reflect your current circumstances and wishes.


I charge a flat fees to draft most estate documents. With a flat fee you know exactly what the documents will cost, and unlike a "Do-It-Yourself" form, you will receive personal and customized advice. Please call 216.225.9181, Email, or use the contact form to schedule a consultation.