It's human nature not to be alone. That's why the majority of people who lose a spouse, either through divorce or death, remarry. Second and subsequent marriages complicate estate planning in ways most people never consider before they say "I do." Here are a few of the problems:
Age difference. When one party is significantly older or younger, by 10 or more years, the problems are compounded because of the strong likelihood one party will outlive the other for a significant time period. This is espcially true if the husband is older, since women tend to live longer than men anyway.
Health issues. Many older people suffer significant health issues that have to be addressed as part of the overall estate plan.
Children from prior marriages. This is the one issue most people catch. The possibilities are endless. Husband has children; wife doesn't. Wife has children, husband doesn't. Both have children. The children get along (not only as between parents, but among themselves). The children don't get along. There are minor children. There are children with special needs. You get the picture.
Children vs. new spouse. This is the million dollar question. In virtually every second or subsequent marriage where there are children from a prior marriage there will be a conflict between the new spouse and the children of the prior marriage. The parent's loyalties are divided between his/her new spouse and his/her children.
Pre-Nuptial Agreements. While technically not part of "estate planning" as it is commonly understood, the existence or absence of a pre-nuptial agreement in a second marriage can have a significant estate planning impact. In most states, a surviving spouse has certain rights, called the spouse's pre-emptive share, that may allow her to reject the provisions under a will and claim what she is entitled to under intestacy laws. A properly drafted pre-nuptial agreement can go a long way toward avoiding this.
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