Two divorced people in their late 50s, who live on the same Savannah, Georgia, street, happened to meet last year while walking their dogs. One thing led to another, and ultimately the pair, an accountant and a nurse, married in June.
Though the couple had a small wedding, they have large lives. Not only do they own two separate houses, each valued at more than $400,000, but they also each have two grown children who live on their own.
Right now, their plan is to sell both houses and buy another where they can live together. But before they pool their assets for the purchase, they want to be sure their children are protected financially when one partner dies.
“Love is one thing, and we’re happily married. But our first commitment is also the well-being of our children. They were born long before we married,” the nurse says.
Are you in a second marriage that involves a blended family? And are you planning to buy a home with your present spouse? If so, even before purchasing the new property, you may wish to develop a legally viable plan to ensure that all the offspring receive their fair share of the real estate (and other assets) after the death of one partner.
“If you don’t have a will in place, the courts get to decide what happens to all your stuff. In that situation, the division of your assets can turn out to be very different from what you had in mind,” says Eric Tyson, a personal finance expert and author of “Let’s Get Real About Money!”
Many people assume that estate planning is just for the wealthy. But even those with limited assets who need only a plain vanilla plan should get their intentions down on paper before making a major financial move, such as buying a home, says Lynn Meyers, a veteran estate planning attorney.
“It’s very, very important to have an estate adviser, particularly if you’re in a blended family,” says Meyers, who’s affiliated with the American College of Trust and Estate Counsel (actec.org), an organization of lawyers who specialize in estate planning.
Before you buy a home with your second spouse, Meyers says you’ll want to discuss your intentions on how equity in that property will be divided upon your death. For instance, the two of you should decide if you want your spouse to inherit the property in its entirety or if you want it to pass on to your children.
After you die, you don’t want your children to miss getting the equity from your home just because your plan was done wrong. By the same token, you also don’t want your spouse to be forced to move due to a bad plan.
Although a relatively simple will is sufficient for many couples, estate attorneys say those with children from a previous marriage may wish to establish a “living trust.”
Here are several pointers for couples in blended families who want to create an estate plan before a joint property purchase:
-- Acknowledge the need for expert advice.
Jordan Simon, the co-author of “Estate Planning for Dummies,” is an investment manager, not a lawyer. But he strongly advises people who want an estate plan to hire an attorney to help ensure they get solid advice. This is particularly important if they have children from a previous marriage and plan to buy real estate with their new partner.
“Trying to create your own plan makes doing your own taxes seem like a walk in the park,” Simon says.
Although several books and websites encourage consumers to create their own wills and trusts, Simon says that those who do so risk making mistakes their survivors could live to regret.
Charles Abell, a longtime estate planning attorney, says there’s no such thing as one-size-fits-all estate plan, even for moderate- to middle- income people. And because the laws governing probate differ from state to state, he says it’s critical you choose an attorney licensed to practice in your state.
-- Search for a lawyer through personal recommendations.
“The best way to find a good lawyer is by word of mouth,” says Patricia Annino an attorney and author of “Women & Money: A Practical Guide to Estate Planning.”
Tyson cautions consumers against choosing an estate planning specialist based solely on advertising. He also urges people to avoid picking a lawyer who offers them a free dinner to participate in an estate planning seminar.
“Although they don’t say so, many times these lawyers are really trying to sell you high-priced annuities or insurance products,” Tyson says.
When choosing an estate planning attorney, he encourages you to select someone who concentrates his or her practice in this field.
“Ask them what proportion of their practice is devoted to estate work. The higher that percentage, the better,” Tyson says.
-- Don’t delay your estate planning due to procrastination.
“A surprising number of folks get all the documents drawn up and then refuse to sign them. That’s because some people have a superstitious feeling that after they’ve signed the documents, they’ll die soon after,” Annino says.
She urges people to watch out for emotions that could cause them to avoid moving forward with at least a simple will.
“Don’t let fears about mortality keep you from completing this important step,” Anninoann says.
(To contact Ellen James Martin, email her at ellenjamesmartin@gmail.com.)