Crafting estate plans for blended families can be complex. Second marriages, stepchildren, and
children from prior relationships are all examples of situations that raise tough questions about
who gets what – and when.

These days, blended families are common but estate planning for blended families is tricky
business. Take, for example, a married couple each with a child from a prior marriage. Their
trust may give each child their biological parent’s share of the estate. But, when the first spouse
dies, the estate plan might give the surviving spouse the power to amend the trust, pass the
entire estate to their own children, and disinherit the deceased spouse’s children completely.

Even though estate planning for blended families can have its obstacles, it can be addressed
properly. It is crucial, however, for members of blended families to use qualified estate planning
experts when drafting their trust, will, and other estate plan documents.

An estate planning expert can help you avoid unintentional outcomes resulting from a poorly
drafted trust, or from unusual state laws. For example, an estate plan can be written so that your
new spouse receives lifetime income when you pass away, but it can ensure the remainder of
your estate passes to your children, not to any unintended takers.

Or, consider any stepchildren with whom you share a close and special relationship, but whom
you may never have officially adopted. Under California law, those stepchildren are not
automatically treated like your biological children upon your death and may not receive any
inheritance from your estate. An estate planning expert, however, can help you make sure all of
your children get an inheritance, whether they are your biological children or not.

When children from different marriages are in your life, you should make sure your estate plan
is detailed and precise. To avoid disputes, specify exactly who will inherit each asset and when
distributions should occur. Also consider adding a “no-contest” clause to your will or trust, which
can eliminate an inheritance to someone who attempts to contest your will or trust.

The key is clarity. Tools like trusts, updated beneficiary designations, and a well-drafted will can
ensure that your intentions are carried out and your loved ones are protected. Honest
conversations with your spouse and children can also help prevent future conflicts.

As your life evolves, you may get married, get divorced, or add children into your family.
Whatever your situation, an experienced estate planning attorney can make sure you are
prepared for life’s twists and turns, explain how the law applies to your unique situation, and
ensure your will and trust accurately reflect your intentions.