How do you do an estate plan for blended families?

A blended family is a family in which one or both spouses have children from the current and/or prior relationships. Estate planning in a blended family is crucial to limit fighting, litigation, and disagreements.

Here are a few common scenarios involving blended families:

• One spouse has children from a prior relationships, the other spouse has no children, and there are no joint children (as in the spouses don’t share any children).

• Both spouses have children from prior relationships, and there are no joint children.

• Both spouses have children from prior relationships AND there are also joint children.

In each of these scenarios, there are complicating factors in estate planning.

• How do you ensure that the children are cared for?

• How do you ensure that your spouse does not remarry or that your spouse does not cut your children out if you predecease them?

• Or how to make sure that your spouse does not cut your children out in favor of their own children?

While it can sound like “trust issues” (pun intended) it’s also about actually planning for the unknown and making sure that both spouses wishes are followed at the time of death or incapacity. It is making sure that BOTH spouses and ALL the kids are taken care of in the way that the couple envisions.

We can’t predict when, where, or how we are are going to die. We can’t predict how a spouse is going to react or how their life may proceed without us.

The good news is that you can easily address this with an estate planning attorney to structure a trust in a way that ensures both spouses and their children are cared for — in the way that both spouses agree during their lifetimes. And by putting it in writing, it ensures that it actually happens. It’s good, solid planning.

If you’re in a blended family, please reach out for a complimentary consultation.