There are many
issues that must
be addressed
when two people
are
contemplating a
second marriage.
While the couple
consider
themselves
compatible,
their loved ones
may have
different ideas.
At
Smith & Mabley
we have seen the
devastating
effects that can
occur if proper
planning and
consideration of
important issues
is not addressed
in a timely
manner.
We believe it to
be extremely
important that
the client
understand the
impact the
marriage will
have on a
existing estate
plan and pattern
of distribution
for family
members that is
contained in
that plan.
Clients are
often surprised
to learn that
real estate that
was held free
and clear by the
husband will be
subject to the
dower interest
of a wife upon
marriage and
that a future
transfer will
not be able to
proceed without
the agreement of
the wife. In
addition,
Michigan law
provides a
surviving spouse
with various
elective rights
which can be
exercised even
if there is a
valid will in
place.
Our attorneys
are prepared to
fully review the
implications of
the planned
second marriage
and to counsel
our client as to
the best way to
insure that the
happy couple
will not find
themselves on
the opposite
ends of a
bargaining table
with family
members and
others in the
future. We are
prepared to
review existing
retirement
plans, IRA
beneficiary
designations,
and the effect
the pooling of
assets may have
on future
planning for
incapacity and
nursing home
expenses and
governmental
benefits.
In our
experience,
planning should
take place
before the
marriage so the
couple can join
together with a
full
understanding of
the impact the
marriage will
have on their
families and
their assets. If
you are
considering a
second marriage,
call us today
and let us
assist in making
the future one
of happiness
free of strife
and contentious
situations.
Additional
information on
this topic will
be found on our
Resource Page.
Contact Us
For more
information or
to schedule an
appointment with
our experienced
lawyers
regarding
planning for a
second marriage please
contact us.
Send us
an e-mail
or call us at
248-737-4550.
