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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Oct. 23, 2006 / 1 Mar-Cheshvan, 5767

Prenups and the senior spouse

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q (from Ohio): In preparation for our upcoming marriage — the second time for me at age 64 and the third for my future husband, age 71 — we read up on premarital agreements in books and on the Internet and then went to a lawyer. Not being satisfied, we have now been to four lawyers, each confusing us more. Their advice runs the spectrum from unnecessary to simplistic to complicated. We each have assets, are retired, and have children from our prior marriages. While we love each other, we want to make sure our children are protected and our agreements are enforced. We seem to have run out of ideas about how to put our plan into action. What is the next step?


A: Of late, we have received a growing number of questions about premarital agreements from folks in their 60s, 70s and 80s who are in the process of entering second, third and even fourth marriages. First and foremost, it is essential to find lawyers who are experienced in preparing these agreements. We say "lawyers" because each of you should be represented independently. Unless, of course, one of you waives the right to an attorney — a real "no-no" from our perspective.


One lawyer who tries to represent both of you in the negotiation and preparation of a premarital agreement will have a conflict of interest that may well void the agreement later. Experienced lawyers will generally prepare six or more of these agreements each year.


Once you have each found a lawyer, here are some of the basics that should be included in any premarital agreement:


1) Statements of the circumstances under which the agreement is entered, the purposes of agreement, and anticipated contributions by each of you toward living expenses and other expenses. In this way, should the agreement later be the subject of litigation or arbitration, the judge or arbitrator will be in a better position to understand your intentions, find the agreement to be fair and avoid ambiguities.


2) Your lawyers should be identified or, if one of you has waived the right to have a lawyer, the conditions and circumstances regarding the waiver of this right should be described specifically.


3) The premarital property each of you brings into the marriage should be listed and defined clearly, as should such things as planned disposition of assets, how you will treat increased (or decreased) value of this property over time and what will happen to income earned from premarital property.


4) Each of you will have to make full disclosure of assets, liabilities and income by way of financial statements, tax returns and other financial data that should be attached to the agreement.


5) There should be definitions of "marital" property and how you propose to dispose of it, and the income earned by it, at death or divorce.


6) Whether there will be spousal maintenance is an important question. If both of you waive future support without knowing the conditions that may exist at that later date, there may be enforcement problems should one of you become destitute.


7) Life insurance and retirement plans must be addressed. Since these assets are distributed according to beneficiary designation and not according to your wills, there should be verification provisions available so that each of you can go directly to the insurance company or plan administrator for information about the policy or plan.


8) Due to our mobile society and the potential that there may be a choice of state law, you should choose which state law will apply to the agreement. The agreement should be sufficiently flexible to deal with any move.


9) Because part of the agreement could be declared unenforceable, the document should contain language about severing these provisions.


10) You should include procedures by which the agreement can be modified or canceled or even phased out over time, depending on your desires.


11) Estate planning and long-term care planning documents should be prepared and attached to the agreement. Long-term care insurance should be a part of the plan because no matter what agreement you enter into, it is not binding on anyone but you, and it will not avoid the obligation for each of you to provide for the other's necessities.


Taking the NextStep: Due to space limitations here, we suggest that you find professionals who can help you accomplish your goals.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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