• Skip to primary navigation
  • Skip to main content

The Hayes Law Firm

Estate and Elder Law Information Center

  • (626) 403-2292
  • Attend a Free Webinar
  • Home
  • Our Firm
    • About Our Firm
    • Virtual Estate Planning
    • About The American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • Speaker Connection
    • Multi-Media
    • Reviews
    • College Internship Program (Marketing)
  • Estate Planning
    • Asset Protection & Business Planning
    • Estate and Gift Taxes: Figures
    • Estate Planning FAQs
    • Family-Owned Businesses
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ+ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
  • California Probate Process
    • California Probate Fee Calculator
    • California Probate Process
    • Common Probate Questions
    • Probate Administrator Onboarding – FAQs
    • Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • When a Loved One Passes Away With a Trust
      • When a Loved One Passes Away With a Will
    • Why Hire a Probate Attorney?
  • Trust Administration
    • Trust Administration Resources
    • Trust Administration Assistance
  • Resources
    • Feature Articles by The Hayes Law Firm
    • DocuBank
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Articles
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • FAQ’s for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning FAQ’s
      • Trust Administration & Probate FAQ’s
    • COVID-19 Estate Planning Resources
    • Educational Heroes
    • Elder Law Reports
    • LGBTQ+ Resources
    • Newsletters
    • Special Needs Resources
  • Elder Law
    • Are You A Caregiver for a disabled loved one?
    • Coping With Alzheimer’s
    • Emergency Medi-Cal & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medi-Cal Planning
    • Veteran’s Benefits
  • Seminars and Webinars
  • Contact Us
    • Preparing for Your Initial Consultation
  • Blog

Make Sure Your Dreams Don’t Turn Into Nightmares

Natalie Salgado · Jul 31, 2011 ·

Compliments of Our Law Firm,
By: The American Academy of Estate Planning Attorneys

Parents dream many dreams for their children.  These dreams often incorporate hopes that their kids will get a good education, embrace fulfilling careers, keep their good health, and find happy, stable marriages. Sometimes reality can play out more like a nightmare in this last instance, however, as more and more marriages end in divorce.

Even when our children have grown into the independent adults we have encouraged them to be, we still want to shield them from the worst nightmares of real life. The loss of family wealth through a divorce settlement is a trauma that can be mitigated, or avoided altogether, through the use of a Divorce Protection Trust.  When you leave your assets to your heirs using this type of Trust, that inheritance is not distributed outright, but the funds can still be used at your heirs’ own discretion. Since it is held in trust, the inheritance does not become marital or community property; therefore, in most states, no part of the inheritance is lost in a divorce.

You can also protect your children from the financial consequences of your spouse remarrying after your death. By sheltering the maximum amount that may be left free of estate tax for the benefit of your spouse and/or children in a Family Trust, rather than distributing assets outright, you can provide access to both principal and income for their needs. The assets in the Family Trust will be free of estate tax at your spouse’s death. A Marital Trust can also be set up to receive assets in excess of the maximum allowable funding of the Family Trust. You decide if your spouse can access the principal of the Marital Trust for specific purposes, or if they are entitled to income only.  In either case, the remainder of the Marital Trust will ultimately reach your own children and will not be available to the new partner of your surviving spouse or that partner’s family.

While you can’t ensure that your children’s lives are nightmare-free, through thoughtful estate planning, you can ensure that your heirs have the comfort of the inheritance you intend for them. An experienced estate planning attorney can help protect your kids from the financial consequences of divorce and remarriage.

Sign up for our newsletter and get our news straight to your inbox!

Stay Informed

Where we are

The Hayes Law Firm
729 Mission St. #300
South Pasadena, CA 91030
Phone: (626) 403-2292
Fax: (626) 403-2299
Proud Memberaaepa

Office hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Map

map
  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

© 2023 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us