Remarriage threatens estate planning

When a person decides to get remarried in Nevada, they seldom consider the potential effect that this decision can have on their estate plan. However, it is not uncommon for heirs and new spouses to be at odds when it comes time to read the will.

Family members may be concerned that a new spouse may be given preferential treatment. Some even believe that the new spouse is only after the testator for their money. Even if there is no ill intent, it is quite possible that a new spouse’s existence will affect the estate plan in meaningful ways. For example, the testator may decide to give a home that would have went to the children to the new spouse through a life estate. Even if the heirs may eventually inherit the property, they may have to wait for many years until after the spouse dies before they acquire the possession.

There are several ways for a testator who remarries to protect their wishes. One possibility is to enter into a prenuptial agreement that outlines how property will be divided in the event of divorce or death. The testator should also make changes in their will so that the previous spouse’s name and provisions are removed. After the death of the testator, beneficiaries may want to change the locks on the testator’s home. This will prevent relatives from sifting in and removing personal belongings that were bequeathed to other heirs.

Individuals who would like to change their wills due to a remarriage may choose to contact an estate planning lawyer. The attorney make a new will or a codicil to a previous will to effectuate the testator’s preferred changes.

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