I believe that all couples should consider a limited PostNuptial agreement to ensure that their estate planning goals are carried out. Most married couples have wills or trusts that provide for each other upon the first death, and then their children upon the second death. This plan, however, is often turned on its head when the surviving spouse remarries. The new spouse becomes the beneficiary, thereby leaving the adult children with nothing. To prevent this, we can create a limited PostNuptial agreement whereby each spouse promises that prior to any future subsequent remarriage, they will enter into a PreNuptial Agreement which sets aside a certain percentage of the estate for the children of the first marriage. This is but one example of using fresh approach to estate planning, in order to avoid angst and discord between loved ones in time to come.
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