Spousal Elective Share Protection

Commingling finances for any couple can be a stressful event. But, couples getting married the second time around may not be prepared for the legal impact of their new marriage. It is a commonly held perspective that a spouse in a second marriage should have limited rights to the assets of the new spouse. In fact, many descendants from prior marriages tend to hold this belief, but that is not how the law works. All states (except Georgia) protect the surviving spouse with a legal claim called “spousal elective share”. This claim disallows a spouse to be left with no assets, even if the deceased spouse made arrangements to disinherit the survivor. The laws vary by state, but generally the

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