Recently, the Wisconsin Supreme court decided that third parties (in this case step-children) could sue to invalidate a second marriage after the biological parent and step-parent were deceased and thereby, if successful, alter the estate plan set up by the deceased. This decision, although based on very unique and specific facts, reminded me that even the best thought out and executed estate plans can go awry. The easy remedy to this is to make sure to consult with legal counsel when any major changes in one's life occur including a remarriage. It is also important to disclose any possibility for potential dissension within the family to your legal counsel when creating your estate plan. I guess the old adage, an ounce of prevention is worth a pound of cure, even applies to one's estate plan.
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AuthorI love a website with a blog. Now I have a platform to write about all the fun things I get to do as an attorney. So look for more posts and feel free to ask me to write about various topics that are of interest to you. Archives
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