This week with the loss of another Icon, Patrick Swayze, we are reminded that being prepared is the best answer to planning an estate. Most families have made a last will and testament and usually leave all the assets to the surviving spouse and then the children. Typically the “I love you” will is when one spouse says to the other, “I love you and leave all of my worldly goods to you.” Whoever survives usually gets it all. What then happens when the second spouse dies? Who gets it then? The kids, right? There is no guarantee that your kids will get anything, especially when someone has been remarried.
If everything is left to the spouse, they can do with it what they wish. What happens if they re-marry? Will they write another “I love you” will that leaves it all to the new spouse? If the new spouse has their own set of children from a previous relationship and they are the second to die, it will probably all go to their children completely leaving your children out. Imagine how devastating this could be to the children. Some may try to solve the problem by leaving all to the children and nothing to the second spouse. This may not go over to well and in most states there are laws that allow a surviving spouse to “take against the will.” This means that even though the spouse was left out of the will they are entitled to a portion of the estate anyway. A pre-nuptial agreement can solve this problem, but again in many relationships this is not what both spouse’s are comfortable with.
An estate planning tool that can be used in a situation like this is a Marital Trust. Such a trust can be set up to pay the surviving spouse income from the remaining assets for the rest of their life and then when the surviving spouse dies the assets can go to the children. This works well in cases of previous marriages because it allows the surviving spouse use and enjoyment of income from remaining assets, yet guarantees that the first spouse’s children the proceeds of the trust when the second spouse dies. If this is a strategy that is chosen, be careful to think things through and get the advice of an estate planning attorney.
Another valuable tool can be used in the situation of blended families is life insurance. What is attractive about using life insurance is that in many cases it allows leveraging of dollars. If the concern is providing for both a second spouse and children from a first marriage, this may be the way to go. An income tax free death benefit can be created to pay to loved ones. One way to do it could be that the life insurance is paid to the children and the surviving spouse gets the assets of the estate, or vice versa. The beauty of the life insurance is that it usually pays out very quickly and there is no waiting for an estate administration to be completed that can take months and even years. The leveraging comes in because in most cases you are creating new dollars to be distributed later that weren’t there before. There are some insurance policies that you can deposit a lump sum and not pay premiums ever again. This can allow a person to shift assets to a place where they may be getting more value. Some policies even offer special riders to help pay for long term care expenses before you die. Check with an investment professional to see what is available and what fits best in your situation.
If you have a blended family, things can get complicated. Not just in relationships but also with ultimately who gets what. A good estate and financial plan can address the situation ahead of time. Be sure to look at both the legal and financial side of things.
For more information about today’s column and The Retirement Guys, tune-in every Saturday at 12pm on 1230 WCWA and every Sunday at 11am on 1370 WSPD or visit www.retirementguysradio.com. Securities are offered through NEXT Financial Group Inc., Member FINRA / SIPC. The Retirement Guys are not an affiliate of NEXT Financial Group. 1700 Woodlands Drive, Suite 100, Maumee, Ohio 43537.
BONUS EDITION: The surprise wedding renewal!
By Nolan Baker
I must admit, today life is not only good, it is incredible. It hasn’t always been that way, there have been and will be challenges to overcome in life. I have wonderful children, great friends, a successful business, and a beautiful wife. Karen and I are one of those rare original high school sweethearts. What else could top that? Well, I decided it would be a surprise wedding renewal out in Las Vegas a few weeks ago to remind my wife how much I love her.
We were traveling to Las Vegas at the end of August for the Senior Market Advisor Expo. This is a major national event to educate over 600 investment professionals who focus on retirement planning. I was honored to be one of the featured speakers at the event. My wife thought my presentation was going to be the featured event. So she didn’t have any clue when I invited some great friends and coworkers out for the surprise wedding. The stage was set.

The proposal.
On Sunday, we all decided to take a trip over to Paris Hotel for a breakfast of champions and then a little sightseeing high atop the Eiffel Tower. The view was breath taking. We could see the entire Las Vegas Strip and I paced around nervously about “popping” the big question. I knew we were still in love, but after the years the magic of the moment still sent my heart racing. As I got down on one knee and proposed again, I think she still didn’t know what was happening. In fact, I even messed up my proposal saying seven years instead of eight. Thus, I wasn’t surprised when she thought it wasn’t for real until hours later when it probably all sank in for her.
We got married that night in the Las Vegas Chapelle Du Paradis. Amy, her Maid of Honor, surprised her with a dress she picked out and brought with her. It was perfect and so beautiful. It was simple, yet elegant, and sexy, yet reserved, just as my wife is. The marriage symbolized the love that we still have for each other. The bond we have today is stronger than ever before. And it was a small gift of my appreciation for what Karen honored years ago when she said “faithfully through the best and the worst, through the difficult and the easy. What may come I will always be there. As I have given you my hand to hold. So I give you my life to keep. So help me God.”
Some may not see this message as financial advice. And it may not be. Love is priceless; there is no cost, no better alternative, and something that will stand up in the best and worst of economic times. Marriage as I’ve learned over the years isn’t just about money.

The chapel wedding
This message may hit home for others. Life is more about values than it is about valuables. Money can do as much good as it can do evil to a family. A family could save for generations, have the best legal plan in place to avoid taxes and attorney fees, and leave all of the money in the world. Yet, money without meaning is really meaningless.