Estate Planning for a Second Marriage or Blended Family

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Thursday April 7th, 2022.

The estate planning process may appear convoluted when it comes to blended families, but it does not make it any less critical. You can avoid probate court and legal complications down the line by creating a planning strategy. 

Start by talking to your spouse about your estate plans. Then, when you and your partner are ready, an attorney can assist you in putting the necessary documentation in place.

Get Started Before You Remarry

You certainly want to celebrate if you’re ready to remarry, but it’s also vital to focus on less exciting concerns like updating your estate plan. You may have made a simple will during your first marriage, but it will almost certainly be more difficult the second time–especially if you have children from your first marriage or own more assets. Starting the planning process before the nuptials will benefit all parties involved.

Update Your Beneficiaries

One benefit of altering the beneficiary’s name is that the money will go directly to the intended recipient without going through probate — the legal process of settling an estate. If that’s your intention, go through all of your bank accounts — checking, savings, and retirement — to make sure your spouse is named as the beneficiary. Check the beneficiaries of life insurance policies as well because these payouts are also exempt from probate. You can name your children as secondary beneficiaries, ensuring that they receive the assets if both of you die.

“The most common mistake we see is that people never change their wills or their beneficiary designations,” saysMark Bass, a financial planner with Pennington, Bass & Associates in Lubbock, Texas. Failing to do so can mean that your previous spouse is entitled to insurance benefits or retirement payouts, leaving your new partner in financial straights.

Consult an Estate Planning Attorney

You should discuss things with an attorney even if you don’t have a lot of assets, especially if you have children. At the very least, your will needs to be updated. Other estate planning instruments, such as a durable power of attorney and a health care proxy, may also need to be updated or created. 

A prenuptial agreement may be appropriate if you have considerable assets. Additionally, the attorney can assist you in determining whether a trust is required to protect your children’s interests.

The Law Office of Wickersham and Bowers provides top-notch legal representation to clients in Daytona Beach and southern Florida. Our areas of legal practice include family lawpersonal injuryeminent domain, and estate planning and probate. Our firm has over 60 years of addressing our clients’ legal issues. Please feel free to contact us by filling out our online form or calling us at (386) 252-3000.

Considerations for a Peaceful Military Divorce Process

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday April 7th, 2022.

Depending on the conditions, the divorce process can differ for each family. Because of the large number of military families in the United States, it’s also vital to address some differences and concerns that a military divorce may bring up.

 Service Members Civil Relief Act

When service members are on active duty, the Servicemembers Civil Relief Act helps to protect their legal rights. When one spouse serves the other with divorce papers, the latter is usually required to answer within a set amount of time. However, under the SCRA:

  • If the service member demonstrates that they cannot attend due to duty obligations, civil court or administrative proceedings may be extended.
  • In some cases, service members may be protected from default judgments if they fail to answer a lawsuit or attend a trial.

If You Are Overseas

A divorce decree made outside of the United States may be difficult to enforce since American courts do not recognize it. As a result, filing in the United States is frequently the best option.

Service members or their spouses can apply for divorce in the state where they are currently stationed, the state where they claim legal domicile or the state where the nonmilitary spouse resides, depending on the state’s laws.

Effect of Divorce on Military Benefits

The nonmilitary spouse may keep their identity card and continue to get commissary, exchange, and health-care benefits until the divorce is finalized. When a military member or other family members leave due to a divorce, installation family housing usually ends within 30 days.

The military may pay for the nonmilitary spouse’s relocation costs when he or she returns home from an overseas deployment post. The cost of an in-state move could be negotiated as part of the divorce settlement.

In the absence of an agreement or a court order, each military branch has policies requiring service members to support family members after separation.

When divorce causes a loss of TRICARE benefits, coverage can be purchased for up to 36 months of temporary health care benefits through the Department of Defense Continued Health Care Benefit program.

Don’t Get Discouraged

As you can see, a military divorce comes with its own set of complications. An attorney with experience handling military divorce can help you navigate the process efficiently. 

The Law Office of Wickersham and Bowers provides top-notch legal representation to clients in Daytona Beach and southern Florida. Our areas of legal practice include family lawpersonal injuryeminent domain, and estate planning and probate. Our firm has over 60 years of addressing our clients’ legal issues. Please feel free to contact us by filling out our online form or calling us at (386) 252-3000.