Gruccio, Pepper, De Santo & Ruth P.A.
Call for a consultation 877-760-1031

Estate planning when you have kids from a previous relationship

Getting married is usually a joyous occasion. Getting married for a second time can be just as exciting, although decidedly more complicated. Estate planning for New Jersey residents with children from past marriages or relationships is not always easy or straightforward, so parents who are getting ready to say "I do" for the second time around should take their time with the process. 

Ultimately, how a person wants their assets handled after their death is up to them. However, it is important to consider a variety of factors, particularly when there are complicating factors, such as a new spouse. Newlyweds or unmarried couples often consider leaving all of their estate to their surviving spouse. 

If a person with children from another relationship leaves all of his or her estate to their new spouse, there is not much guarantee that their children will see any type of inheritance. Even if the married couple agrees that the stepparent should leave an inheritance to the children, it is relatively easy to write them out of the will later on. This not only leaves them without an inheritance, but without any type of legacy from their parent. 

Many choose to include both their spouse and their children in their will to avoid this type of situation. However, if a person believes that their surviving spouse has enough and will not need anything from their estate, they may choose to leave it all to the kids. In this situation, New Jersey allows surviving spouses to make a claim for an elective share, or about one-third of the estate. This is a needs-based law, though, so having assets above a certain level will disqualify some people from seeking this option. 

There is no one-size-fits-all solution to estate planning. Each person must decide what is best for their estate, including how assets should be distributed and who should be on the receiving end. To better understand the personal, legal and tax implications of these decisions, consulting with an experienced attorney is usually a good idea. 

No Comments

Leave a comment
Comment Information
Contact Us

Contact Our Firm For a Consultation

When you come in for an initial consultation, we can review your situation and evaluate your best options for moving forward. We value our relationships with our clients, showing our respect by remaining responsive and committed to each case throughout the process. To schedule your first consultation, call our Vineland office at 877-760-1031 or email us for additional information.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Top

Address

The Law Offices of Gruccio, Pepper, DeSanto & Ruth, P.A.
817 East Landis Avenue
Vineland, New Jersey 08360

Toll Free: 877-760-1031
Fax: (856) 692-4095
Map & Directions

Gruccio, Pepper, DeSanto & Ruth, PA