Austin Texas Estate Planning Blog

Estate Planning for Second Marriages

Estate Planning for Second Marriages

August 16, 2023 • | Law Office of Zachary D Kamykowski, PLLC
If you are getting remarried, you obviously want to celebrate. However, it is also important to focus on less exciting matters, like redoing your estate plan.

Second marriages are often seen as a beacon of hope, a fresh start after previous experiences. However, they bring along a unique set of challenges regarding estate planning. If you had an estate plan during your first marriage, it's essential to revisit and modify it to accommodate the complexities of a second union. This is especially true if both partners have children from previous marriages and have accumulated more assets over the years. As highlighted by a recent article from The Bristol Press, titled "Plan your estate before you remarry," it's crucial to plan.

  1. Inventory of Assets and Liabilities: Before entering a second marriage, both partners should take a comprehensive inventory of all assets and liabilities. This includes properties, investments, insurance policies, retirement plans, debts, and other financial obligations. Being transparent about your financial situation ensures that both parties know what they are entering into. Remember, once married, you might become liable for your partner's debts, which can also impact your credit scores.
  2. Financial Management: After understanding each other's financial standing, decide how you'll manage your finances. Will you merge all assets, or do you prefer to keep certain investments separate? Discuss scenarios like selling a property to move into another or contributing to household expenses. Addressing these issues early on can prevent misunderstandings in the future.
  3. Estate Distribution: Deciding how you want your assets distributed upon your demise is essential. If there are children from previous marriages, ensure they are not unintentionally disinherited. This can be achieved through various means, such as setting up trusts, making them beneficiaries of insurance policies, or granting joint property ownership.
  4. Consult an Estate Planning Attorney: Meeting with an experienced estate planning attorney is crucial. They can guide you in updating your will, creating Power of Attorney, Health Care Proxy, and other essential documents. If you have significant assets, consider discussing prenuptial or postnuptial agreements. An attorney can also advise setting up trusts to protect children from previous marriages.

Additional Considerations:

  1. Mutual Estate Planning Agreement: As mentioned in an article from The Globe and Mail, couples in second marriages should consider setting up a mutual estate planning agreement separate from their wills. This ensures clarity in asset distribution and minimizes potential conflicts.
  2. Addressing Heirlooms and Sentimental Items: Apart from financial assets, there might be family heirlooms or items of sentimental value. Discuss their distribution with your partner. For instance, you might want certain items to be passed on to specific family members or kept within the family lineage.
  3. Considerations for Home Ownership: If one partner sells their home to move into the other's property, decide on the financial contributions. Will the selling partner contribute to the mortgage or household expenses? Establishing this upfront can prevent disputes down the line.
  4. Addressing Previous Estate Plans: If you had an estate plan during your first marriage, revisit it. Ensure that it aligns with your current wishes and the needs of your blended family.
  5. Protecting Children's Interests: Specific estate issues arise in second marriages, especially concerning children. It's essential to ensure that children from both marriages are treated fairly, and their inheritance rights are protected.
  6. Preparing for the Future: Estate planning for second marriages isn't just about addressing immediate concerns. It's about preparing for the future. As circumstances change, you must revisit and update your estate plan regularly.


Entering a second marriage is a significant life event that requires careful planning and consideration, especially regarding estate planning. By addressing potential issues upfront and seeking expert advice, couples can ensure that their assets are distributed per their wishes and that their loved ones are cared for. Remember, estate planning is not a one-time task but an ongoing process that evolves with your life's journey.

Reference: The Bristol Press (July 14, 2023) “Plan your estate before you remarry”

Law Office of Zachary D Kamykowski, PLLC

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