Second Marriages, Kids from a Prior Marriage and Unmarried Couples

Couples nowadays are more diverse than ever.  Some of these couples are remarried.  Some have kids from a prior marriage, and some have no kids.   Some choose never to marry.

The usual common element in these relationships is the conflict that exists in the relationship.   Typically one of them  has a conflict between caring about their current partner (or spouse), along with any  children they share, and caring about a child or children from a previous relationship (or marriage).  

In planning their estates, the common element is that other than caring for their current partner, each partner has a different distribution plan (i.e., after the surviving partner passes,  each partner want  his/her  remaining assets to go to different individuals and or charities.)  

For example, the couple without kids who each has his/her own retirement account  

• may want those funds to be available to care for his/her surviving partner if s/he needs the funds
• but once the partner spouse dies, they each want to make sure that any remaining funds in their respective accounts are distributed to their side of the family.

Consequently, the couple may want to design a plan  that includes a joint pour over trust.  In their joint trust they would  hold their assets they own together, and at the first death, each partner’s share of the trust would pour over into each partner’s  own individual trust.  The funds in that individual trust  would then be available to the surviving partner, and if the funds are not exhausted they would eventually be distributed according to the terms of the individual trust.