Blended Families, Litigation Avoidance Estate Planning- Fifty years later, estate planning attorneys are seeing more instances where blended family members are angry about how assets have been distributed after a parent has died. According to a recent article from The Daily Record, "Blended families and the challenges of asset distribution," the wisest way to protect the family from being fractured after one or both parents die is to have a comprehensive estate plan created.
The worst thing for a blended family is having no estate plan. For many people, this is something they intend to get around to until something happens and it's too late. Dying "intestate," meaning dying without a will, means the state will determine who will distribute assets held in the decedent's name only.
Jointly owned assets, like a home or bank accounts, generally don't go through probate. Other non-probate assets include retirement funds, pensions, life insurance policies and accounts with a beneficiary designation.
If there are minor children and a spouse, the surviving spouse often receives 50% of the estate, and the children share the rest. However, if the children are minors, there will be challenges in gaining access to their share. If there are children from a prior marriage, the surviving spouse receives only the first $100,000 of the estate, and any remaining assets are divided between the spouse and the adult children.
A prenuptial agreement, along with an estate plan, can help prevent some disputes among survivors, whether it's a first, second, or third marriage.
Ensuring that beneficiary designations are up to date is critical. Many assets today are handled by beneficiary designations, including life insurance policies, retirement funds and pensions. For some assets, like federal employee savings plans, the default beneficiary is the surviving spouse.
Determining who will be the executor of the estate is also important to preventing issues in blended families. Will it be the surviving spouse or one of the adult children? A transparent discussion about this in advance can help avoid hurt feelings and estrangement after the parent has passed.
For many families, a trust is the solution, especially when it's not a one-size-fits-all situation. One example is a family that owns a primary home and a vacation home in another state. If both properties are not jointly titled, the executor of the estate will need to open a primary probate case where the family home is situated and a second probate case for the vacation home. Putting both homes in a trust will allow the property to pass outside of probate, without duplicative proceedings.
Blended family estate planning requires legal knowledge plus the insight that comes from working with today's modern families and their distinct estate planning challenges. Secure your family's future and protect relationships through a strong estate plan.
Schedule your phone consultation: THE LAW OFFICES OF CLAUDE S. SMITH, III
Blended Families, Litigation Avoidance Estate Planning
Reference: The Daily Record (March 4, 2026) "Blended families and the challenges of asset distribution.”
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