The contents of this website provides general information, is not advice and should not be treated as such. Do not rely on the information on this website as an alternative to legal advice from an attorney and, if you have any specific questions about any legal matter, you should consult your attorney.
Blended Families Bring Estate Planning Challenges
Divorce and remarriage are common. As advisors, we are obligated to help clients in blended families navigate these estate planning concerns.
Forty-two percent of American adults have a step-relationship of some sort, according to a recent article in The Huffington Post. Blended families bring an extra challenge to estate planning, and it’s important for us to remind clients to have those difficult conversations with loved ones if they’re contemplating another marriage.
Wills
In our experience, the ugliest family disputes that occur after someone passes away are not about money but possessions with sentimental value. Even the smallest item can have a significant emotional value, and squabbles over these belongings can cause rifts that are difficult to heal.
Clearly stating in a will which child or stepchild gets what, whether they are “yours, mine, or ours,” can eliminate ugly disputes after a client passes away. Clients should identify who they want to inherit specific heirlooms, such as jewelry, furniture, photographs, or other personal effects. They should also choose a specific person to handle social media accounts after they’re gone.
Make sure everyone understands those wishes up front, and be sure to get those wishes in writing in a will. This document should be updated regularly to take major life changes into account, including anytime a child is born or adopted.
Healthcare Directives
Who gets to make end-of-life decisions? If your clients don’t put their wishes in writing, their loved ones can be left with legal disputes and family fights at one of the most difficult times in their lives.
If your client is entering into a new marriage, make sure to talk with him about this issue. Children from a previous marriage may have very different ideas about what should be done in the event of your client’s incapacitation than a step- or half-sibling. Without specifying those wishes in a living will, also called an advanced healthcare directive, there can be costly legal battles and anguish for loved ones.
Trusts
If your client has children by a previous marriage, a trust can be a good way to protect their inheritance. It can also be used to help ensure any previous spouses or step-children who were part of that marriage are not inadvertently disinherited by the new relationship.
Without getting those wishes in writing, clients can leave their loved ones unprotected and without financial support unintentionally
Prenuptial Agreements
One other way clients entering blended families can ensure their wishes are made known is by entering into a prenuptial agreement with the new spouse. While a prenup may not be necessary for a couple entering into a first marriage, for a second marriage or any more subsequent to that there are all sorts of complex issues that may make such an agreement not only useful but necessary.
Before entering into a new marriage, clients should discuss estate issues with the new intended spouse. A prenup ensures both parties enter into the relationship with a clear understanding. This can protect not only your client, but their loved ones as well.
Marriage should be a time for families to come together and rejoice. Blended families can be strong and supportive environments for everyone. However, a large part of that comes from everyone feeling they are taken care of when a loved one passes away.
We hope this information was useful to you and helps your clients and their families. If you have a specific case or a question, don’t hesitate to call our office.