We both have children from prior marriages, how can our estate plans protect them?

It is extremely disturbing to hear about situations where one spouse received property from the other then left it to his or her own family excluding the spouse’s children. Sometimes this happens inadvertently through lack of planning or bad planning rather than a deliberate intent to exclude them.

You can easily resolve this problem by establishing a trust. You can make whatever provisions you desire for your surviving spouse. He or she can be the trustee and have whatever access to income and principal you want them to have.. The ultimate disposition of the trust remains subject to your control and can be directed to your children.