Couples in second (or more) marriages, especially those with children from previous marriages, should review their retirement plans. Certain qualified retirement plans are required to be paid as joint and survivor benefits unless the spouse has properly waived the right to receive survivor benefits. A waiver of this right prior to marriage (e.g., in a prenuptial agreement) may not be effective, since the parties are not “husband” or “wife” when they sign a prenuptial agreement. Thus, a postnuptial agreement may also be needed.
- Estate Planning
- Guardianship & Incapacity
- Livings Wills & Healthcare Surrogates
- Long-Term Care Planning & Asset Protection
- Medicaid Planning & Veterans Benefits
- Power of Attorney & Living Wills
- Probate & Trust Administration
- Social Security
- Supplemental Needs Trusts
- Wills & Trusts
The Clements & Wallace Ultimate Gift Guide
As the holiday season is in full swing, we thought we would join in on the latest trend taking the Internet by storm: gift guides. However, rather than tell you which brand of legal pads are the best shade of yellow, what pen to sign a document with (bold and blue is the correct answer), […]read more >
Caregiver: The Role Few Expect, But Many Will Inhabit
Anyone with children expects to serve as a caregiver for their child until they’re ready to leave the nest. What most people do not expect, however, is that they will someday need to serve as a caregiver for another adult. A recent New York Times article reported that approximately 1 in 5 adults in the United States […]read more >
Contact our Elder Law Attorneys for an appointment to answer your questions and allow them to provide you with the peace of mind you deserve.