Joan has children from a previous marriage. She also received a fairly generous inheritance from her first husband. After five years, she is now contemplating remarrying. She is older and wiser, and she knows that there are no guarantees. What should she do to make sure her children are protected?

What will be an ideal response?


If Joan wants to ensure that assets pass to her children from the previous marriage, a premarital agreement is essential. Joan, a spouse, enjoys statutory protection, such as:

An elective statutory share of the deceased spouse's estate;
Intestacy succession rights;
Homestead rights in the principal; and
Widow's allowance
Joan may also want to keep any monies in a separate account and not commingle these monies with marital funds. She might choose to set up a Qualified Terminal Interest (Property) trust, if she would not mind providing some support to her new spouse while still protecting her children's interest in her estate. She should be sure that her children are listed as beneficiaries of pensions and insurance, if that is what she wants.

Legal Studies & Paralegal

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