New York Estate Planning & Elder Law Blog
Getting remarried as a senior can have a whole host of important consequences from estate planning, retirement, and any future medical care needs, particularly if either spouse has children. Without careful planning and consideration before remarriage, seniors may find themselves in unexpected financial trouble and even create a fight in probate court over the estate if new will and testaments are not drawn up.
First and foremost, a remarriage affects the inheritance of the deceased’s surviving family members, even after the trouble of crafting a well thought out last will and testament. Under New York probate laws, surviving spouses are entitled to a portion of the estate, even if the deceased’s will explicitly divides the estate amongst his or her surviving children.
In this situation, each party should re-examine his or her will and consult with an experienced New York estate lawyer to draw up new plans for the disbursement of the estate. Without a revised will following a remarriage, the deceased’s estate may be held up in probate court due to legal challenges over beneficiaries looking to collect pieces of the estate they believe they may be entitled to.
Will remarriage affect my elder life care plans?
Seniors relying on Medicaid to pay for health and life care must understand a remarriage could drastically alter any potential benefits either spouse may need later on in life. Medicaid takes into account the financial situation of both spouses to determine what, if any benefits either party can receive later on.
While we all hope for a happy and healthy life, we cannot predict the future. An estate attorney can help sift through each spouse’s finances and determine if Medicaid benefits may be affected by the marriage and help the couple find the resources necessary to live a comfortable life.
Will I lose my ex-spouse’s benefits if I remarry
For many seniors, Social Security benefits are a crucial component to retirement planning. Even after a divorce, surviving spouses can still rely on benefits based on their ex-spouse’s payments into the system. However, a remarriage will terminate any benefits based on the ex-spouse’s record and can leave the survivor in serious financial trouble.
Furthermore, remarrying before the age of 60 will terminate any survivor benefits the individual otherwise would have been entitled to. Just like with other aspects of elder remarriage, a little planning can go a long way at avoiding surprises and let remarrying elders enjoy their golden years with each other in financial security.