On November 18, 2021 the Elder Law section organized a program on the important intersection between estates disputes and family law, especially in blended families. Program Chairs Sheila Morris and Shelley Quinn asked the speakers, Karon Bales, Brendan Donovan, Mary-Anne Popescu and Avra Rosen various questions about how they dealt with issues arising from blended families in their own practices.
Some of the important issues coming out of the discussion were:
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Setting the family up for success
When clients engage family law practitioners on a second marriage, or upon a marriage or cohabitation later in life it is important to consider how they will ensure that their clients will be protected in a variety of scenarios. Consideration must be given to the various players outside of the marriage, such as children of previous relationships, that may take on a more important role as the parties age.
Avra Rosen discussed the importance of ensuring that the marriage contract or cohabitation agreement included provisions for both the possible separation of the parties and the eventual death of one of the spouses. Karon Bales shared that she always included a cause in her agreements that the incapacity of one of the spouses did not automatically indicate a separation, as many times the spouses are forced to live separate and apart due to health issues, as one spouse may require a higher level of care.
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