MAKING SURE MY SON GETS MY ASSETS BEFORE I MARRY AGAIN

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I HAVE 401K TOD, CD TOD, MOBILE HOME TOD, LIFE INSURANCE (all TOD my son).

Asked 10/29/2009 under Wills, Trusts, Probate | 154 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

William B. Prugh / Polsinelli Shughart P C Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Missouri

If your son is named as a beneficiary of specified assets, then he is entitled to inherit those assets at your death.  However, if you remarry you need i) a premarital agreement laying out that your new wife does not inherit those assets, and ii) a new will and/or trust providing for your child and your new wife, respectively.  As a spouse, she has marital rights under state law that need to be addressed by the above items.  A lawyer with estate planning expertise in your state is needed.

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