Legal protection for baby boomers that remarry

[cordonangel]

My jurisdiction is: michigan

What are Legal considerations for Seniors remarrying.
Can a child from previous marriage have final say so in medical emergency instead of a new spouse if you want a child to?
How can children from a previous marriage be left an inheritance in the event their parent dies first in the new marriage?
If there is no will would all possessions go to surviving spouse?
If there is a will and all possessions were left to children what would happen to surviving spouse?
If one spouse says I have no family and don't care about my estate but the other spouse has family and wants to leave a inheritance to their children what should they do?

I know of a similar situation where two seniors married. They decided to sell her property move in new husbands house put the money in joint account. She was 55 with married children. He is 60 widower with older children. No children together. Both work at family business 10 years they had a good marriage. Both husband and wife worked hard together and had a good life and estate. We were good friends I asked him would she be taken care of if something were to happen to him. I was concerned and he was sick and I knew his children were materialistic. He was diagnosed with type 2 diabetes and lost his legs. She cared for him at home 24 hrs a day as he wanted. He dies in a coma at 70. His will left everything to his children. They kept the business sold the house even the furniture and one child gave her $2000.00 to leave state. She was a good wife and I feel went beyond the call of duty and now at 66 is penniless and lives with her sister. What should have been done to prevent this? I don't know if he had a new will or it was the old one and the new one destroyed. It is a shock and a shame. I am sure with all the single baby boomers remarring this would be good information. thanks

 

[dee_dub]

You should see an estates lawyer in your area. Most of this is governed by state law.

Generally, you can name whomever you like as your medical representative. It could be a child from a previous marriage.

Have proper joint wills drawn up to specify how your estate is divided, and notify the beneficiaries so the will can be located.

If there is no will, in Michigan, the surviving spouse inherits the first $150,000 of the estate and 1/2 of the remainder. The kids split the other 1/2 of the remainder.

If there is a will leaving all possessions to the children, the surviving spouse can probably apply to court to vary the will, if it doesn't adequately provide for their support (or something like that).

Again, see an estates lawyer. Getting proper wills and powers of attorney drawn up can save your family a lot of trouble.

As for your friend's story: the husband should have drawn up a new will. In absence of that, depending on state law, she might have been able to apply to have old will varied to provide for her support.

 

[lwpat]

Unfortunately the wife did not seek legal advice. In almost all states the surviving spouse is entitled to a share of the estate, usually one third, regardless of what is in the will. However, this has to be timely claimed.