Ensuring Biological Children Get Inheritance if Parent Remarries

I have grown children by a previous marriage and my second wife also has grown children by a previous marriage. Our wills state that if either one of us dies, the surviving spouse inherits everything. When that spouse dies, the wills state that everything is to be equally divided between all of our children. How can we ensure that after one of us dies, the other cannot change or rewrite his/her will to leave everything to his/her children only. Also, how can we ensure that the surviving spouse doesn't spend everything, give it away, or reinvest it with his/her children as beneficiaries? We live in Minnesota and the estate consists only of our home and a few modest possessions.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tim in Minnesota:
I have grown children by a previous marriage and my second wife also has grown children by a previous marriage. Our wills state that if either one of us dies, the surviving spouse inherits everything. When that spouse dies, the wills state that everything is to be equally divided between all of our children. How can we ensure that after one of us dies, the other cannot change or rewrite his/her will to leave everything to his/her children only. Also, how can we ensure that the surviving spouse doesn't spend everything, give it away, or reinvest it with his/her children as beneficiaries? We live in Minnesota and the estate consists only of our home and a few modest possessions.<HR></BLOCKQUOTE>


My response:

The only realistic way to ensure your wishes, is to find a young attorney (who statistically will outlive the two of you), and give your Wills that attorney, and to appoint that attorney as the executor of your Estate. Also, you can make your Bank the Executor of your Wills, and whomever is in charge of the Bank at the times of your deaths will administer the Will. In either of these scenarios, a fee from the Estates must be paid to the Attorney or Bank for the services rendered. Most Banks have Estate Planning Departments and can instruct you how to set this up to appoint the Bank as Executor.

IAAL

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With all due respect IAAL, I don't see how that accomplishes their goals. After probate, the property will go the surviving spouse and that spouse can change his/her will at any time. The best way to accomplish your goals is by using revocable trusts with QTIP or similar type provisions. You need an attorney to properly draft the trusts.

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Jeffrey R. Gottlieb, Attorney at Law
http://www.illinoisestateplan.com
This response is not legal advice and does not create an attorney-client relationship.