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What type of will should a remarried widow with children create?

What type of will should a remarried widow with children create?

Full question:

I am a remarried widow with 3 children ( ages 11 and 9 yr old twins). I have assets from my 1st husbands death that I need to keep seporate from my new husband and his children. I recieve pensions and benefits, so my husband and I keep our finances seperate. What kind of will do I need? There is not a widow-remarried in your choices.

Category: Wills and Estates
Date: 04/07/2025
State: Utah

Answer:

We can help you find the right forms or draft new ones as needed. However, we cannot recommend one specific form over another for similar situations. You can review the available forms and see if any meet your needs. It may be possible to adapt a form designed for a divorced and remarried person to fit your situation. If you don't find a suitable form, please let us know, and we can work on adding one for you. You can order a form or package by calling Toll Free: - 8:30-5:00 Central Time Zone Monday – Friday.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is there a way to protect your assets without a prenuptial agreement?

Yes, you can protect your assets without a prenuptial agreement by using a revocable living trust or a separate property agreement. A trust allows you to specify how your assets are managed and distributed, keeping them separate from your spouse's assets. Additionally, you can designate your children as beneficiaries on certain accounts, ensuring they receive those assets directly. It's advisable to consult with an attorney to create a plan that meets your specific needs.

How does remarriage affect inheritance?

Remarriage can affect inheritance rights, especially if you have children from a previous marriage. In many states, a surviving spouse has rights to a portion of the estate, which may impact what your children inherit. To ensure your wishes are honored, it's important to create a will that clearly outlines your intentions regarding asset distribution among your children and new spouse.

How do you protect your assets when you remarry?

To protect your assets when remarrying, consider creating a prenuptial agreement that outlines how assets will be managed and distributed. Additionally, keep separate bank accounts and title assets in your name only. You might also consider establishing a trust to manage your assets and designate beneficiaries, ensuring your children from a previous marriage are protected.

How much are survivor benefits for a widow and child?

Survivor benefits for a widow and child can vary based on the deceased's work history and the type of benefits they were receiving. For Social Security, a widow may receive up to 100% of the deceased spouse's benefit, while children can receive up to 75% of the parent's benefit. It's important to contact the Social Security Administration or your pension provider for specific amounts related to your situation.

How do I protect my assets in a second marriage?

To protect your assets in a second marriage, consider drafting a prenuptial agreement that specifies how assets will be divided. Additionally, maintain separate accounts and consider placing assets in a trust. Clearly outline your wishes in your will to ensure your children from your first marriage are considered in asset distribution. Consulting with an attorney can help tailor a plan to your needs.

What benefits do widows lose if they remarry?

Widows may lose certain benefits upon remarriage, particularly Social Security survivor benefits. Generally, if you remarry before age 60, you may lose eligibility for those benefits. However, if you remarry after age 60, you can retain your survivor benefits. It's important to check with the Social Security Administration for specific details regarding your situation.