A History Of Growing Trust In Kentucky

Special estate planning tips before you get married a second time

On Behalf of | May 10, 2024 | Estate planning

Marriage is a significant milestone in one’s life. For some people, it happens more than once.

When you enter into a second marriage, it helps to consider the unique estate planning implications.

Kentucky’s intestate succession laws

Kentucky follows intestate succession laws. If you pass away without a valid will, state law governs the distribution of your assets. Particularly in a second marriage scenario, this can lead to unintended consequences. The state’s default distribution may not align with your wishes.

Your children’s inheritance

If you have children from a previous marriage, ensuring their financial security is likely a top priority. Without proper estate planning, there is a risk of leaving your children with less than you intended.

One way to safeguard your children’s inheritance is by setting up trusts. Trusts allow you to control the how and when of asset distribution. You can ensure that your children receive their rightful share while still providing for your new spouse.

Prenuptial and postnuptial agreements

Prenuptial or postnuptial agreements may not be the most romantic aspect of getting remarried. However, they can be invaluable tools for protecting your assets and outlining each spouse’s rights and responsibilities in the event of divorce or death.

Beneficiary designations

Many assets, such as life insurance policies and retirement accounts, pass directly to named beneficiaries outside of probate. Review and update these beneficiary designations after remarrying to ensure that your assets go to the intended recipients.


Estate planning also involves preparing for potential incapacity. Establishing powers of attorney for healthcare and finances allows you to appoint trusted individuals to make decisions on your behalf if you become unable to do so yourself.

Navigating the complexities of estate planning can be challenging, especially in the context of a second marriage. Taking proactive steps to address these concerns can provide peace of mind.