Jamie Graham & Associates, PLLC

Estate planning for a second marriage in Texas

As excited as you are to plan for your second wedding, be aware that it is not the only planning you should be involved in right now. You may be busy, but do not underestimate the importance of creating estate plans before you tie the knot.

Even if you already have plans in place, you need to make sure they are up-to-date. Furthermore, second marriages bring specific matters to the table for you to address. Knowing what they are can ensure you have a solid estate plan.

Prenuptial agreement

If you did not have a prenup in your first marriage, then you know its importance should another divorce occur. When adhering to Texas, law, they ensure the protection of your property. Remember that prenups are not just to secure your future, but can also be beneficial to your relationship now. They facilitate important conversations regarding your assets and financial obligations as individuals and a couple through all stages of life. They also pave the way to creating estate plans.

Wills and other legal estate documents

Once you have discussed preliminary decisions regarding your estates, you can take the next step in making those legally binding. Just because you include inheritance wishes and related issues in your prenup does not mean that is enough. You must express these decisions in your estate plan documents, such as:

  • Wills
  • Trusts
  • Powers of attorney
  • Healthcare directives
  • Living wills
  • Retirement accounts
  • Life insurance policies

Consider all potential beneficiaries, such as your current and future children, former and current marital relatives, stepchildren and, of course, your new spouse. Make sure your separate property and desires for its distribution are clear and thorough. Any ambiguities or errors can invalidate your will, causing assets and decision-making power to go where you do not want them to.


Another tricky topic in a second marriage is guardianship. Who will have this crucial role over your children if you and your ex pass on? What about the children of your new spouse and any children you may have together? Custody orders can influence these choices, so review your options with a lawyer.

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

  1. Top 10 Attorneys | American Jurist Institute | 2017
  2. Avvo Rating | 8.9 | Excellent
  3. Avvo Clients' Choice Award 2015 | Jamie Lynn Heggy Graham
  4. Reviews | Out of 12 reviews | Jamie Lynn Heggy Graham | Avvo
  5. BBB | A+ Rating
  6. San Antonio | Best S.A. | Lawyers | 2015

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Jamie Graham & Associates, PLLC
310 South St. Mary's Street
Suite 2500
San Antonio, TX 78205

Phone: 210-272-7034
Fax: 210-308-5669