Second marriages often bring love, stability—and complexity. When children from prior relationships, new spouses, and blended assets come together, estate planning gets more complicated.
In Georgia, failing to plan clearly can lead to unintentional disinheritance, family disputes, and probate battles. If you’re remarried and want to protect both your spouse and your children, here’s how to plan with fairness, clarity, and legal confidence.
Why Second Marriage Estate Planning Is Different
In a first marriage, couples often leave everything to each other, with the children inheriting after both spouses pass away. But in a second marriage, that strategy can backfire.
Common issues include:
- Children from a prior marriage being accidentally disinherited
- A surviving spouse remarrying and redirecting inherited assets
- Disputes between biological children and stepparents over property or control
Georgia inheritance laws do not guarantee that your children will receive anything if you leave all assets outright to your new spouse—unless you put those instructions in writing.
Key Estate Planning Tools for Second Marriages
1. Use a Trust Instead of a Simple Will
A revocable living trust can allow you to:
- Provide for your spouse during their lifetime
- Preserve the remaining assets for your children after your spouse’s death
- Avoid probate and keep the plan private
This approach offers control and flexibility—and avoids the “all or nothing” problem that a basic will can create.
2. Consider a Qualified Terminable Interest Property (QTIP) Trust
A QTIP trust gives income to your surviving spouse but allows you to control who gets the principal after they pass. It’s ideal when you want to:
- Ensure your spouse is cared for
- Guarantee that your children (not your spouse’s children or future spouse) inherit the remaining assets
This is a strong tool for balancing fairness and protection.
3. Update Beneficiary Designations
Retirement accounts, life insurance policies, and payable-on-death accounts pass outside of your will. If your ex-spouse is still listed as the beneficiary, they may legally receive the money.
Review and update:
- IRAs and 401(k)s
- Life insurance policies
- Bank and brokerage accounts
4. Use Prenuptial or Postnuptial Agreements
A prenuptial or postnuptial agreement can clarify how assets will be divided in the event of death or divorce—especially if one spouse brings significantly more wealth or has children from a previous relationship.
In Georgia, these agreements are enforceable if:
- Both parties sign voluntarily
- Full financial disclosure is made
- The terms are not unconscionable
Work with an attorney to ensure the agreement supports—not conflicts with—your estate plan.
5. Name the Right Fiduciaries
In blended families, choosing who will serve as:
- Executor of your will
- Trustee of your trust
- Power of attorney for finances or health care
—can either help avoid conflict or create it. Naming a neutral third party or a professional fiduciary may prevent disagreements between your spouse and children.
Don’t Assume “Fair” Means “Equal”
Giving everyone the same dollar amount doesn’t always feel fair to everyone involved. In some cases, it may make more sense to:
- Leave the family home to your spouse
- Leave investment accounts to your children
- Use life insurance to “equalize” inheritances
The goal isn’t just to divide assets—but to reflect your values and responsibilities. The right structure can prevent years of resentment or legal challenges.
Let Hurban Law Help You Protect Everyone You Love
At Hurban Law, LLC, we help Georgia families navigate the unique challenges of estate planning after remarriage. Whether you want to protect your new spouse, your children, or both, we’ll help you create a clear, conflict-reducing plan.
Contact us today to create an estate plan that’s fair, enforceable, and built for your family’s future.
