Step-Parents - Do You have an Estate Plan?

Posted by Gaurav Mali on July 24th, 2017

Sometimes, the term “family” can be difficult for an individual to deal with. No matter if you believe in holding the common view that marriage is a union of husband and wife who must stay married until the death, or you believe in something very different; the concept of family is so complicated. Today, we can see several families comprises of people who have kids from other marriages. They start facing problems when the legal problems arise. The legal issues have nothing to do with the so-called value of the union and about everything to do with the legal relations of the family members.

In San Bernardino, the law associated with Step-Parent is very simple. If you have legal estate planning documents such as the Will, Powers of Attorney, Testament; the court will follow the preferences stated in the documents. But, if you do not have a valid estate plan, it can be a problematic situation for you and your family members. For instance, you are on your 2nd marriage (you’ve just been married a few years). You have two adult kids from your 1st wife. Let’s assume more: after a short span of time, you die in the hospital, But, you didn't write the Last Will. So now, who will get your property?

In this situation, most of the people consider that his/her spouse has the right to make the decisions and divide all the property of the decedent. But, it’s not a case.

If you are sick and admitted to the hospital, and your children do not agree with your spouse's decisions, Then, they can hire an attorney to ask a court to grant them authority over you and your medical decisions (Guardianship of the Person). In this case, your spouse will lawfully have the power to be called as a guardian in priority over your children, but this isn’t always 100%, and sometimes your children can also be appointed. Besides, if you die, your spouse and children are expected to share your assets. In order to avoid future problems that your closed ones may have to face, there are easy solutions that you should try.

1. If you have kids from a prior relationship, you must have a legal, well-written estate plan prepared by a reliable attorney. Don’t put the load on your spouse and children to work it out themselves. They may face several difficulties and require tens of thousands as the legal fees. 

2. Once you your estate plan is prepared, you should hold a family conference to explain your wishes and plan to your spouse and children. Though most clients prefer not to do is in order to maintain confidentiality and avoid immediate conflict. But, the conference can actually allow them to know your wishes straight from you. A serious discussion is always better than leaving your family members and step-children with months of pressure and legal bills? 

If you are engaged in any dispute like the one mentioned above, one of the best things you can do to defend your family is hire a probate attorney in San Bernardino who has great experience in the field of law.

For More details Visit: http://www.madduxlaw.com/