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LEGAL INSIGHT
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C O V E L L I L AW O F F I C E S , P. C .
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Remarried? Do Your Estate Planning
Documents Reflect Those Changes?
t’s not uncommon for one spouse to pass away well
before the other, or for people to get divorced and
remarried later in life. And while people willingly
get bitten by the love bug, they often aren’t so willing
to face the details that prior marriages sometimes
leave behind.
“There’s a whole host of things that you may not
have considered when it comes to second marriages
and estate planning,” said Joe Covelli of Covelli Law
Offices. “When a spouse dies or if there is a divorce,
you need to review a number of things such as power
of attorney, insurance policies, beneficiaries on 401k’s
and IRAs, and investment accounts, as well as the
terms of your Last Will and Testament (and any Trust
that you have in place).”
Pennsylvania law specifically prohibits fully
disinheriting a spouse – and thus great care must be
exercised with respect to the subject of passing assets
to the children of a prior marriage. What that means
to the average person is that certain bequests made
prior to a divorce or remarriage can remain in effect.
For example, if you left an asset to your ex-spouse
and you don’t change your Will to leave it to your new
spouse, the old estate plan may be honored, and the
asset may go to your ex-spouse, which may infringe
upon your stated wishes. The issue gets even more
complicated with the addition of stepchildren, or with
blended families.
“Often, assets are commingled, and retitled into
the names of the new spouses,” Covelli said. “You face
a situation where, if one spouse dies, that spouse’s
children and/or beneficiaries may not be protected
– as a surviving spouse may have control of all of the
assets that have been commingled. Sometimes, the
children don’t fully accept the new spouse, and may
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even disassociate themselves. In return, a parent may
not wish to include them any longer in the estate plan,
which is totally acceptable by law. It happens a lot, and
can cause hurt feelings and legal turmoil.” However,
there are ways that estate planning documents can
be drafted to include provisions that address children
from a previous marriage (or step-children).
Outside of physical and monetary assets, the power
of attorney is the second most common document
that people should check and update when a
remarriage occurs. In most cases, spouses are the first
grantee named in a power of attorney document.
However, as people age, grown children are typically
next in line for candidacy. A power of attorney can
be abused if not handled responsibly. People have
been known to use the power of attorney to benefit
themselves. If a marriage ends in divorce, and the
power of attorney remains in existence, this situation
may constrict the ability and flexibility of the new
spouse to access and manage assets.
Fortunately, with proper planning and legal
guidance, your estate planning documents can be
updated - to reflect your most current relationship. No
matter how complex your family situation gets, you
can make your final wishes binding.
Are you remarried? Are you uncertain about your
estate plan? Schedule your free 30-minute Estate
Planning initial consultation. At your consultation,
Covelli Law Offices will advise you as to how your
situation can be most beneficial for you.
For more information on Covelli Law Offices, go to
www.Covellilaw.com, or call 412.653.5000. Covelli
Law Offices is located at 357 Regis Avenue (across from
the Pleasant Hills-West Mifflin Post Office).
Joe Covelli has over 35 years’
legal experience and is a “5
Star Professional Award”
recipient. He is a Member of the
“National Academy of Elder Law
Attorneys”, and he heads a team
of attorneys with expertise in
several areas of the law. For more
information, call 412.653.5000, or
visit www.covellilaw.com.
FREE Consultation | Call Today! 412.653.5000
Brentwood-Baldwin-Whitehall | Fall 2017 | icmags.com 1