" I have had the pleasure of working with Attorney Sabourin and would recommend him to anyone requiring legal advice or representation. He is well informed, prepared, professional and serves his clients with patience and compassion."
"I asked Andrew to write my will. He was extremely honest with me regarding the price, and very fair. He explained everything, and made sure all my questions were answered. He made the entire process painless. I would highly recommend him."
"Andrew Sabourin was a pleasure to work with. He was very personable and responsive throughout the entire process, and answered all our questions. He was easy to communicate with, whether via phone call, email or in person. He is very professional, and made the process and paperwork feel easy. I would highly recommend him!"...
" Attorney Sabourin handled our legal matter with superior professionalism and was responsive in a very timely manner and very supportive from the first phone call and remained consistent throughout the entire process. He is easy to talk to, very knowledgeable, and it was a pleasure working with him. My husband and I would highly recommend Attorney Sabourin."...
" Attorney Sabourin handled our legal matter with superior professionalism and was responsive in a very timely manner and very supportive from the first phone call and remained consistent throughout the entire process. He is easy to talk to, very knowledgeable, and it was a pleasure working with him. My husband and I would highly recommend Attorney Sabourin."
FAQs on Blended Families and Estate Planning with Wills and Trusts
- posted: Sep. 06, 2019
FAQs on Blended Families
- I’m married to my second spouse, but my spouse and children from my first marriage get along really well. Why would I need to consider estate planning?
They may be getting along well now, but there’s no telling what will happen after your death. The court records are full of cases that could be said to have begun with these exact facts. Estate planning puts you in charge and allows you to make sure everyone that’s important to you - your new spouse and your children from a prior marriage - understands your wishes. This greatly reduces the risk of conflict and, in some cases, can completely eliminate conflict.
- I have my home, bank accounts, and cars in joint tenancy with my new spouse, so why would I need a will or trust?
Joint tenancy does avoid probate and is often better than no planning. However, if you and your spouse were to die at the same time then the joint tenancy is “broken” and your respective halves would have to go through probate. Additionally, if your new spouse survives you, then he or she owns all of the property that was jointly owned. Even if the two of you agreed that your children from a prior marriage should be supported or left an inheritance, your new spouse owns the property and can do whatever he or she wants with the property. This could completely disinherit your children from a prior marriage.
- If my children are happily married and I’m in a stable, long-term marriage, why should I worry about divorce or the estate planning issues “blended” families experience?
Even if none of your children are divorced now, the statistics show that many couples will experience a divorce. Estate planning reduces the risk that your death could be a financial windfall for a soon-to-be-ex-spouse, which can happen if you die at the “wrong” time. It’s wise to hope for the best but plan for the worst, so that your family can be fully protected.
- How do I balance the interests of my children and my spouse from a second marriage?
We’ll help you set up an estate plan that protects and provides for whomever you’d like - often that’s children and, sometimes, a second or third spouse. Your estate plan, likely including trusts, will be carefully crafted to balance the interests of your children as well as your spouse. Without proper planning, too many parents accidentally disinherit their beloved children and cause havoc (and expensive lawsuits) in blended families. But with proper planning, you can take care of everyone’s needs in an equitable way that reduces the risk of expensive conflict.
- Myth: I don’t have a prenup with my new spouse, so I can’t do any estate planning that might impact him or her.
Fact: The intersection of prenups and estate planning is complex, so every case will vary. But, in many cases there are strategies that can be used to help you provide for your new spouse while also ensuring protection for your children. The worst thing you can do is assume that there’s nothing that can be done.