Every family faces a unique set of challenges after the death of a loved one. And although it's a difficult time, after the first spouse passes away the surviving spouse will need to get into see an attorney, and the sooner the better.

You really "don't know what you don't know" and you could end up leaving your family in a world of hurt if you don't get matters taken care of. This is true even if you had a Revocable Living Trust; there are still many legal matters that will need to be handled. If your family has more than $2 million dollars then it is absolutely critical that the surviving spouse see an attorney to ensure everything is handled properly. If not, then your family could end up paying fees and taxes to the government unnecessarily!

Not all Revocable Living Trusts are the same. Depending on how your trust is written (and this is extremely important) one of two things will happen: (1) the surviving spouse will be able to make all of the decisions after the death of the first spouse or (2) there will be a mandatory division of the assets after the first death so as to protect against the surviving spouse giving away assets to a new spouse or having them lost to a lawsuit. There are "pros" and "cons" to each of these plans; the first offers more flexibility and less protection; the second offers less flexibility and more protection. Your best bet is to work with an attorney who will discuss your options with you so that you make the best decision for your family that meets your goals and concerns.

And, not all law firms are not the same! Be sure that you engage an attorney who will work with you to minimize headaches, transfer assets as quickly as possible, and ensure the right choices are made at every turn and all legal requirements are satisfied within the legal deadlines. Most importantly, you need an attorney who is able to help keep families together during a time that can sometimes pull families apart. Unfortunately, finding such an attorney is easier said than done. The best thing you can do for yourself and your family is to develop a relationship with your estate planning attorney now-someone who will be a resource for your family during your entire lifetime. Then, when unthinkable happens, she will be there to guide the family through the legal maze with love and compassion.

Darlynn Morgan

Want To Use This Article In Your Ezine or Website? You have my permission, as long as you include this complete blurb with it: Darlynn Morgan is an aunt, writer, speaker and Personal Family Lawyer. Darlynn makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Find out more about how you can protect your kids at: http://www.MorganLawGroup.com