Reader writes: Do you have any advice on how to write a will when the wife (age 70) has children by a prior marriage and there are no children by the current marriage?  The wife wants her current husband (age 63) to have enough to live comfortably but does not want a wife to walk in after she dies, spend or keep it all, and leave the children with nothing.

(NOTE:  This question is answered by guest expert, Roberta J. Windham, Esq., (Rjwindham2005@yahoo.com). Her practice focuses on trust and estate planning.  Ms. Windham has offices in Eldersburg and Reisterstown, MD.)

Roberta replies:  Although there may have been a time when one could write their own simple Will and in doing so, feel that their estate would be handled as they wished, things are more complex today.  Many people do not live in what some call “traditional families”.  Many families come together after multiple marriages and include children, step-children, foster and/or adopted children.  A simple Will leaving everything to a loving surviving spouse directly generally does not satisfy these Testators’ wishes.

Today’s blended families require more careful planning and professional advice.   A professional estate planning attorney should be employed to review your assets and discuss how you want those assets distributed at death.  Once the professional determines the extent of your assets and your distribution wishes, he/she will create a plan incorporating your desires.   The plan will probably include either a Will with testamentary trusts to insure the assets are distributed among the survivors as you direct or an Intervivos Trust with similar provisions depending on your particular situation.

Some plans may be quite complex and include various trusts and provisions designed to channel the assets from one survivor or group of survivors to another.  Other plans may be slightly simpler depending on each individual situation.

Although hiring a professional may be costly initially, having the peace of mind that comes with knowing your property will pass on to the loved ones you’ve chosen and that it won’t be thwarted is worth the price.