ABA Family Legal Guide

Estate Planning

Some Special Circumstances

Most people who plan an estate probably have some special requirements that have to be taken into account—property in a different state, stepchildren, a divorced spouse, no spouse at all, or someone they live with but haven't married. This section provides a quick look at some of the ways planning can help.

1. I own a vacation house in a state other than the one where I have my primary residence. Which law applies to property in different states?
2. My life partner and I aren't married. Are there any special estate-planning strategies about which we should be aware?
3. How do gay or unmarried couples keep control over funeral arrangements?
4. I've heard about cohabitation agreements. Can they help?
5. My marriage is on the rocks. How does divorce affect my estate plan?
6. I'm divorced and considering remarrying. How will this affect my estate plan?
7. I'm single. Would an estate plan help if I become mentally or physically incapacitated?
8. How does estate planning work in conjunction with preserving eligibility for Medicaid, so that it can pay for long-term care?
9. I have a business. Should I account for it in my estate plan?
10. Can I help a favorite cause through my estate planning?