Blended families are increasingly common, often fostering love, growth and complexity in familial relationships. As a result, when it comes to estate planning, the unique structure of blended families requires thoughtful attention.
If you are a parent who navigates a blended family structure, know that planning ahead can help you to better ensure that your wishes are honored, and that all family members—biological children, stepchildren and/or a surviving spouse—are treated fairly and in accordance with your intentions.
Important considerations to keep in mind
When each spouse has children from prior relationships, questions often arise about what each child should inherit and when. Many people want to provide for their surviving spouse but also ensure that their own children are not unintentionally disinherited. Without clear instructions, this balance can be difficult to achieve and may lead to tension or even litigation among family members.
Stepchildren can further complicate the picture. Unless a legal adoption has taken place, stepchildren are typically not entitled to inherit by default under state intestacy laws. If you want a stepchild to receive part of your estate, it is essential to state this intention clearly in your will or trust. Failing to do so can leave them vulnerable to exclusion, even if they have played a major role in your life.
Trusts are often an effective tool for blended families. For example, a revocable living trust can allow assets to be used by a surviving spouse during their lifetime, with the remainder passing to the children of the first spouse upon the survivor’s death. This approach protects both the spouse and the children, minimizing the risk of accidental disinheritance. However, setting up such arrangements requires careful drafting and full transparency between spouses.
It’s also important to revisit beneficiary designations on life insurance policies, retirement accounts and joint assets. These designations override what’s in a will or trust, so they must reflect your current wishes. In blended families, it’s common for people to forget to update these forms after a remarriage, which can lead to unexpected outcomes.
Every blended family is different. By working with an experienced legal team, you can create a plan that respects your relationships, protects your loved ones and brings clarity to an otherwise complex situation. With empathy and proactive planning, it’s possible to support your entire family—both now and in the future.