What If Your Spouse Remarries After You Pass?

by | Jan 12, 2023 | Spousal IRA | 4 comments




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This post is for married people who are, at least, a little bit worried that if they leave their estate to their surviving spouse, the estate assets just might wind up in the hands of the surviving spouse’s next spouse.

Here’s an example: Let’s say a Husband is considering leaving his $3 million estate to his Wife. But he worries that his Wife might, after he dies, remarry and leave the estate to the next husband. This would, potentially, completely cut out Husband’s children that Husband and Wife had and raised together.

One option for Husband is to leave his $3 million estate to a trust for the benefit of his wife, and subsequently when Wife dies, to their children. Important decisions are made when Husband sets this up, such as who will be the income beneficiary of this trust, when wife will be entitled to principal distributions, and who will be the trustee of this trust.

For prospective law firm clients who want to schedule a free 30 minute initial phone call with Paul Rabalais, go to:

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

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Paul Rabalais
Estate Planning Attorney…(read more)


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4 Comments

  1. Sultan Jain

    I have invested in a REAL ESTATE LLC , can i designate a beneficiary

  2. James Rowland

    My mom died sometime ago. Her husband, my stepdad got everything. The will stated that when he died…I would get everything. But instead, he changed the will and left me out and put his new wife as heir. I had no idea what lawyer or firm he did the change at, because he would not tell me. Now he is d

  3. bill notice

    Saw this happen. One of my co workers Husband died. He had a 500K life insurance. They had 4 kids. She remarried within two years. He leaves her . Divorce court awarded a 50/50 split of the assets. I am sure the original Husband is flipping in his grave!

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