Can Your Children’s Spouses Inherit from You? | Marietta GA Will and Trust Lawyer

Can Your Children’s Spouses Inherit from You? | Marietta GA Will and Trust Lawyer

mother daughter troubled marriageWill and trust lawyers in Marietta see plenty of situations where parents who love their children are not entirely in love with their children’s spouses.  This can make the estate planning process a little tricky, because the spouse can add tension and stir up drama that wouldn’t have been there otherwise.  While some people include their sons-and-daughters-in-law in the planning process, it’s not all that unusual to leave them out.

For the most part, the son-in-law or daughter-in-law isn’t even mentioned in the will.  They don’t really even have any legal standing to inherit from the parent unless they are specifically named.  So, the parent would name his or her own child, but not the child’s spouse.  If the adult child was no longer living, the property would probably end up being inherited by the grandchildren, rather than the spouse.

That’s not to say that a child’s spouse couldn’t end up with an inheritance.  If the parents were to leave assets to the adult child and then the adult child passed away, his or her property would likely go to the spouse, and that includes what was inherited from the parents.  One would hope that this property would eventually be passed on to the grandchildren (assuming there are grandchildren), but this is not a given, as the spouse would have the legal right to do whatever he or she wanted with it.  In fact, if the spouse remarried, his or her new spouse would be the legal choice to inherit any property that was left behind, including that which was inherited this way.

So, can a Marietta will and trust lawyer keep your child’s spouse out of your plan entirely?  Yes!  You can work with your attorney to develop an inheritance trust that will protect any money you leave your kids from divorce, lawsuits, and creditors and keeps your money in the family.

Creating an estate plan can be emotional and having the additional drama of a difficult personality certainly won’t help matters any.  On the other hand, you may absolutely adore your son-or-daughter-in-law and want to make sure that they are taken care of by your estate.  In those cases, you will want to make sure that your Marietta GA estate planning lawyer specifically mentions them and what they are inheriting for your own peace of mind.

Keeping Your Wills and Trusts Updated |  Marietta GA Estate Planning Lawyer

Keeping Your Wills and Trusts Updated | Marietta GA Estate Planning Lawyer

 

 


another happy familyIt’s always a great feeling when a new client meets with a wills and trusts attorney in Marietta to get started on his or her estate planning.  Every day, people in Marietta recognize the importance of putting a plan into place to prepare for their own futures as well as those of their heirs.  Wills and trusts are two very important tools that the client and lawyer can create to protect that future.  As important as that initial meeting is, however, there is still a need to follow up regularly to keep your wills and trusts updated and reflective of your current situation.

There are some times when it is obvious that your wills and trusts should be updated, but there are other times that are easier to overlook.

Major Life Changes

When there is a major change in your life, it’s time to call your Marietta wills and trusts lawyer.  These types of changes, such as a marriage, divorce, or birth of a child may dramatically affect who you want to name as beneficiaries.

Health situations are also another big indicator that it’s time to update your wills and trusts.  Medical care can be incredibly expensive, and you may need to rearrange your plans to accommodate the costs.  If dealing with a terminal illness or potentially life-threatening treatment, it also makes sense to ensure that your plans reflect your wishes.

Many Purchases Should Trigger Updates

Wills and trusts lawyers are able to help clients lay out a plan based on what the client has at the time.  When your situation changes through major purchases (or sales) of real estate or other valuable assets, you should update your estate plan to reflect those changes.  You want to ensure that the asset is included in your will or protected by your trust.

Purchases of, or changes in insurance policies, will likely also lead to a call to your Marietta attorney.  These purchases will affect what you have to leave behind and will need to be reflected in your estate plan.

Annual Review

While you may not need to make changes with your Marietta wills and trusts attorney every year, it’s still a good idea to do an annual review of all your estate planning materials.  In addition to refreshing yourself on what is there, your lawyer will also be able to advise you on any laws that have recently changed that might affect decisions you’d previously made.  Just reading over the documents may be enough to notice a change that needs to be made.  Not only does this give you an opportunity to make sure your plans still fit your needs, but by keeping them up-to-date, you are strengthening your will against being invalidated later.  After all, if you’ve worked with an attorney to keep the wills and trusts fresh and in accordance with the most recent life changes, they are likely to reflect your true intentions.