No. Many estate planning tools that are suitable for first marriages are often inappropriate for second marriages.
At Plitz Estate Planning, we do not recommend leaving your estate outright to a new spouse, as there is no guarantee that assets will be distributed in accordance with your wishes. Once assets are turned over to a partner, he or she is under no legal obligation to leave anything to your biological children. For example, if a spouse develops an illness or becomes mentally incapacitated, your spouse’s children could divert assets to themselves with an executed durable power of attorney. Alternatively, your spouse may remarry and desire to leave assets to a new spouse. Or, they may simply decide to give all assets to their own biological children.
Regardless of the circumstances, as an experienced blended family estate planning attorney I can proactively head off such scenarios by putting a meticulous estate plan in place, ensuring that your assets are distributed as you intend.