How Is Estate Planning Different for Blended Families?

 Posted on November 22, 2024 in Estate Planning

Blended families, where one or both parents have children from a previous relationship, are not unusual in America. The unique dynamic between stepparents and stepchildren makes the distribution of assets after a family death less straightforward than it can be for traditional families. Ensuring that stepchildren are treated as fairly as biological children and that the surviving spouse’s rights are protected can be a challenge.

Without a clear estate plan, there can be a higher risk of confusion, disputes, or unintended disinheritance among family members. If you have a blended family and are thinking about what you want to leave behind for your loved ones, speak with a qualified DuPage County, IL estate planning lawyer who can help you draft a detailed plan.

Why Does Estate Planning Matter for Blended Families?

Estate planning involves decisions about what will happen to your money, property, and other belongings after your death. For blended families, it can be especially important to have all of this written down because children from previous relationships, a new spouse, and stepchildren might all have a claim to your assets.

A clear estate plan can help prevent confusion or arguments among family members about who should get what. In Illinois, if there is no will, a person’s assets are divided according to state law. This might not be how you want your assets divided, especially if you have a blended family.

Why Are Wills Important for Blended Families?

A will is a key component of an estate plan. This legal document includes your wishes about how your money and assets should be divided and who will take care of your minor children after you die.

It is particularly important to create a will if you have children from a previous marriage. Otherwise, your estate can be inherited in a way you do not intend. Your new spouse might automatically be given everything, with nothing left for your children from a previous relationship. In a will, you can specify what should go to whom, and you can provide for your biological children and stepchildren.

How Can Blended Families Benefit from Trusts?

Another tool you might want to consider in your estate plan is a trust. This legal arrangement allows a designated trustee to manage assets for the benefit of your beneficiaries.

Trusts can be useful for blended families because of the ability to give assets to a new spouse while also providing for children from a previous relationship after the spouse’s death. You can create a trust that lets your spouse use your assets and then pass those assets on to your children when your spouse dies.

Designating Guardians for Minor Children

If you have minor children, it is important to choose a guardian you trust to care for them if something happens to you or your spouse. This can be more complicated for blended families where there are children with different biological parents. It is important to discuss these decisions with your spouse and have your wishes clearly recorded in your estate plan.

Contact a DuPage County, IL Estate Planning Lawyer

Estate planning is always considered a good way to prevent confusion and conflict in the future. For blended families, the potential for misunderstandings is even higher, so clarifying your wishes can be even more pressing. An experienced Lombard, IL estate planning attorney from A. Traub & Associates can help. Call us at 630-426-0196 to learn more about our services.