Smart Estate Planning Strategies for a Remarriage

We know it's not very romantic stuff, but discussing details like wills and estate benefits with your fiance is the best way to kick off your new life together. If there are children involved, it is also the best way to ensure there are no problems down the road between them when it comes time to divide assets.

A pre-nuptial agreement allows you to supersede state laws that dictate how your estate should be distributed. The key to a rock-solid pre-nup is complete honesty between you and your spouse.

We recommend you draw up your pre-nuptial agreement at least 2 - 3 months before your wedding (so no one can later say that the agreement was signed under duress.) In addition, make sure that both you and your future spouse have your own seasoned matrimonial lawyer. (Visit the American Bar Association for local contacts.)

Straight Talk Tip: If you're already in your second marriage, it's not too late to get your finances squared away. Simply use a post-nuptial agreement. A post-nup works the same as a pre-nup with one twist: A post-nup lets your spouse waive his or her rights to your retirement benefits. (For more pre-marriage financial advice, listen to our audio alert Talking Money Before Marriage.)

In addition to a pre-nuptial agreement, we suggest using a trust. We recommend a trust over a will because it is more detailed and therefore harder to contest than a will. You can change investments, terms or beneficiaries at any time.

A revocable living trust is often best if you want to pass your estate on to your heirs quickly and in the way you wish. You choose a trustee who, when you die, will distribute your estate exactly as you wish.

If you want your spouse to receive financial support from your trust and then have your assets distributed after you're both gone, a qualified terminable interest property trust (QTIP) is a possible solution. The trust is managed by the surviving spouse and a co-trustee. The survivor gets income from the trust and may even take some of the principal (with the co-trustee's approval). But the surviving spouse can't change the beneficiaries, who receive the full assets of the trust, often free of federal estate taxes, after the second spouse dies.

Update your trust whenever there is a life changing event, like a remarriage or birth of a grandchild. Otherwise, revisit your trust every three to five years to ensure it's up to date.

Want to learn even more smart estate planning strategies? Check out these links:

• The Best Way to Draft Your Will
• Give Away Your Home the Right Way
• Choosing the Right Guardian