Second Marriages and Estate Planning

In a recently published article from SmartMoney, heirs worry when their parents re-marry. Why? Their inheritances are at-risk, of course. This is just a reminder that pre-nuptials are not only for the young, wealthy, and working. Pre-nuptial agreements are a necessity any time you are getting married, and a complete estate plan is a necessity any time you have a major change in your life. Those major changes include, but are not limited to:

1. First marriages
   
2. First divorces
   
3. Having or adopting a child
   
4. Major accumulation of wealth (example: inheritance from your parents or winning the lottery)
   
5. Subsequent marriages and divorces

In Georgia, there have been some recent changes to the way pre-nuptial agreements are enforced. Before you sign one, make sure to talk with an attorney about your agreement.

Although mentioned in the above article, it is worth repeating: be aware that there are specific rules regarding house certain types of assets are transferred through the probate process. This includes 401(k)s and titled assets such as homes. Before you change the status quo, talk with an attorney that is familiar with the probate rules regarding the specific assets.