Blended Families: Unique Estate Planning Challenges

Blended families—where one or both spouses have children from previous relationships—bring joy, love, and new bonds. But they also bring unique estate planning considerations. Without a plan, state laws may distribute your estate in ways that don’t reflect your wishes, potentially creating tension between your surviving spouse and your children.

Potential challenges include:

• Unintended disinheritance. If you leave all assets outright to your spouse, your children from a prior relationship may receive nothing if your spouse later remarries or changes their own estate plan.

• Conflicting interests. A surviving spouse may need financial support, but children may also expect to inherit a share of your estate.

• Stepchildren’s rights. Unless they are formally adopted, stepchildren generally have no legal right to inherit under state law.

Planning solutions may include:

• Marital or family trusts. These trusts allow you to provide for your surviving spouse during their lifetime, while ensuring that remaining assets pass to your children afterward.

• Life insurance policies. You may use life insurance to provide for your spouse, leaving other assets directly to your children—or vice versa.

• Clear communication. Openly discussing your plan with your spouse and children can help reduce misunderstandings and conflict.

Every blended family is different, which means every estate plan should be carefully tailored. Working with an experienced estate planning attorney ensures that your plan reflects your values and provides for all your loved ones in the way you intend.