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How To Prepare To Write A Will

Considerations If You Are In A Second Marriage

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If you are in a second marriage and have children from your first marriage, you may want to leave everything to your spouse with the understanding that he or she will then provide for your children in his or her Will. Give a lot of consideration to this idea before executing it. The agreement may not be binding. If it is not, your spouse can exclude the children that are not also his or her children. Your spouse may even have additional children after your death.

One way around this potential problem is to create a trust which gives your spouse access to the assets while he or she is alive, but leaves the remainder to your children upon your spouse's death.

NOTE: Instead of naming your spouse as Personal Representative/Executor, consider naming an independent person. This will avoid conflict between the spouse and your children.

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