If I’m in a second marriage, do I need just a simple will for my estate plan? Every situation is different, but in general simple wills can create major problems if you die before your new spouse. If you leave everything to your new spouse, he or she controls everything, and there is no guarantee that any of your estate will end up in the hands of the people you select. A better plan might be a trust which would enable the new spouse to enjoy what you leave behind but not control where your assets go when he or she later dies. This should be discussed at length with your estate planning attorney.
-Attorney Jack N. Alpern