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MAKING THE FIRST CHILDREN WAIT UNTIL THE SECOND SPOUSE DIES

Problem:

Blended family with children expecting a decedent parent to recognize their claim to the inheritance before the new wife, which may be the children’s age.  Having the children put the wife on a “budget” to secure the end beneficiary inheritance.

Solutions:

Revocable trust language to specify separate and community marital property for each spouse

Designations of assets for children at first spouse to die

Use of life insurance trusts for wealth replacement and immediate distributions to children

Prenuptial agreements

Transparency and discussions with children and spouse