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Estate Planning for Blended Families: Providing for Your Spouse & Children in a Second Marriage, by Richard E. Barnes
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In almost half of all stepfamilies, each parent brings one or more children to a new marriage and while other books give general information about wills, trusts, and taxes, many of them may not apply to couples in second marriages.
Estate Planning for Blended Families is the first book for parents in second marriages who want to provide both for their current spouse and their children from the current and prior marriages. Author Richard Barnes has years of experience guiding couples through the process of setting goals, discussing competing priorities, and choosing strategies and this book covers:
Estate Planning for Blended Families will also provide sample estate plans as well as the latest information regarding federal and state laws.
- Sales Rank: #327474 in Books
- Brand: Brand: NOLO
- Published on: 2009-05-18
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x .76" w x 7.04" l, 1.28 pounds
- Binding: Paperback
- 368 pages
- Used Book in Good Condition
Review
“Blended families face unique challenges when they begin to plan their estates. Richard Barnes’ straightforward exploration of many of these challenges makes it a must-read for remarried couples.”
- Jon J. Gallo, Co-Author, Silver Spoon Kids: How Successful Parents Raise Responsible Children
“A much-needed book that thoroughly covers a complex and emotional topic with great sensitivity and clarity.”
- Joseph H. Astrachan, Editor, Family Business Review and Executive Director of the Cox Family Enterprise Center
From the Publisher
Providing for Your Spouse & Children in a Second Marriage
From the Author
Top 10 Mistakes People Make in Estate Planning for Blended Families
by Attorney Richard Barnes
Failing to communicate your plans during life to your spouse and loved ones. At your death, some of the beneficiaries might receive an unpleasant surprise. The executor becomes the bearer of bad news and target of the disappointed beneficiaries.
Creating an estate plan that is inconsistent with an existing prenuptial agreement and failing to amend the prenuptial agreement or refer to it specifically in reaching the different designation. If a spouse is more generous than in their prenuptial agreement, that spouse's children may seek to challenge the estate plan, which pits those children squarely against the surviving spouse, who is forced to defend the plan.
Leaving large amounts of money or property outright to a surviving spouse or child who is not prepared for it.
Delaying the bulk of their children's inheritance until the death of the surviving spouse. If the surviving spouse is their stepparent, children may grow to resent the stepparent and may receive their inheritance past the date when it could be of most use to them and their families.
Choosing an unqualified or biased executor or trustee or choosing co-trustees or co executors who cannot agree, leading to deadlock.
Leaving significant property outright to minor children. If the ex-spouse is the guardian of the children, the ex-spouse may get significant control over the assets.
Leaving everything outright to one child with the expectation that the child will distribute it wisely among the surviving spouse and other children. That child is then hounded by siblings and the surviving spouse and subject to challenge in the way the child divides the property.
Failing to update beneficiary designations on nonprobate assets (life insurance, retirement plans and payable on death accounts). I have seen situations where years after the divorce the ex-spouse was still listed as the beneficiary -- clearly not the intended result!
Leaving everything outright to the surviving spouse, expecting the surviving spouse to take care of, and ultimately leave everything to, your children. The funds that you thought were ultimately going to your children may be consumed by the surviving spouse's lifestyle or creditors, or left to a new spouse or to the spouse's children.
Failing to have an up-to-date plan reflecting current goals and concerns.
Most helpful customer reviews
12 of 12 people found the following review helpful.
A great start for thinking through some tough questions
By K. Nettles
If this book were simply about the various estate planning options available, it would be undistinguishable from any of several other well-written books on the subject. The true strength of the book for me was the moral compass and genuine kindness that the authors encourage as they explain the various factors to consider in developing a plan. If you're looking for "10 ways to screw the ex-wife" or "How to leave your step-father homeless after mom dies," then this book is not for you. This book advocates for doing the right thing by all family members, which does not always mean even-stevens. With this purpose in mind, various scenarios and alternatives are examined. By the end of the book, I had a much better idea of how to approach our own estate planning and feel much more confident about how to direct our attorney in drawing up the papers.
8 of 8 people found the following review helpful.
Highly recommended
By Patricia A. Powell
I am a professional financial planner with over two decades of experience. It is with this background that I tell you that I love, love, love this book! It should be on the bookshelf of every financial planner, and read by anyone entering a second marriage where there are children from prior marriages.
How could one book be appropriate for both the novice and the professional?
* For the Novice: The books concepts are presented in English, not "legaleeze"; that will let the you develop some understanding of the blended family estate planning issues; let you think things through and talk things over before contacting a lawyer.
* For the Professional: This book is really well done. If you haven't studied estate planning issues in a professional program such as the CFP® (Certified Financial Planner), then this will be a great help to you. If you are already a CFP® ,(or other qualified professional) then this will be a quick up-to-date reference for you. Nola indicates that there are "Free legal updates at Nolo.com"
To give you an idea why I am so positive on this book... page 212 has the simplest tip that will save your heirs the frustration and agony of dealing with indifferent professional trustees and could save them thousands or tens of thousands of dollars in fee. It tells you that your trust documents should have a way to replace the trustee. It has been my professional experience that trustees work harder if they can be replaced. Additionally it is possible to negotiate fees if the banks/trust company needs to compete for your business. In all the years that I have been working as a planner, I have only seen 1 law firm produce such documents without a specific request of the client. Why is that? I can only speculate. But, law firms and banks/trust companies often refer clients back and forth. No money changes hands directly, but the fees earned indirectly can be staggering.
Don't expect that a single book is a substitute for a qualified estate lawyer. Wills, trusts and other estate planning tools in the opinion of this writer need to executed by qualified attorney licensed as such in the state in which you are domiciled. While almost any licensed attorney can do a will, whether or not that attorney is "qualified" to handle the sophisticated level of estate planning required by many blended families is another matter. This book should help you discern whether or not you have found the right professional for you.
Also, each state has its own peculiarities when it comes to estate planning. Some are community property states; some not. Some states are incredibly expensive when it comes to probate; in others probate is so easy and inexpensive to go through probate that probate avoidance can easily cost you more than the probate process. No single book can address all the state specific issues.
Estate Planning for Blended Families is not a substitute for highly trained qualified professionals. But it will allow the client to be much more engaged in the process, increasing the odds of a successful outcome. I highly recommend this book.
3 of 3 people found the following review helpful.
Needs same features as paper book! Beware!
By Paul
Here's an example of why ebooks get criticized: Unlike the paper book, this version contains helpful forms in the appendix that AREN'T available in a pdf format. This would be a simple fix, but apparently the editor/publisher wants you to buy both. Other ebooks I've bought have provided pdfs of forms at the end. C'mon, NOLO!
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