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July 13, 2007

How to Protect Kids from Previous Marriages After You’ve Moved on to Another Marriage

Posted by Filed under Property Division.

One subject that probably doesn’t get enough attention is what one article dubs “Brady Bunch families”, second marriages with kids of his, hers and, possibly, ours. Such families present unique considerations in the event of divorce or death of a spouse.

If a spouse wants to be sure that a child of a previous relationship is protected, they have to be proactive.

One vehicle is, of course, a prenup.

Another vehicle is a trust created before marriage and funded with separate, premarital property. These are sometimes called divorce protection trusts, although they can protect against more than divorce.

It is also important for a divorced spouse not to overlook the obvious. Wills and nonprobate assets, such as life insurance, pensions, and bank accounts, must be updated after divorce - or their ex may inherit from them. That is not the prudent, preferred way to provide for children with them.

Read more in this InsideBayArea.com article: ‘Brady Bunch’ families can head off money headaches.

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