Blended families come in all shapes and sizes. But no matter how your family looks, there are some common estate planning issues that tend to pop up, and they can lead to surprising financial mistakes that even smart people can make. The good news is that most of these problems are fixable.
By planning ahead, you can protect your family and avoid conflicts before they start. Here's why estate planning is absolutely critical if you're navigating the unique dynamics of a blended family.
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Avoiding fights in probate court
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Without a will and/or trust, your estate will have to go through probate court, so the government can decide how to split up your assets after you die. Probate court can eat up 3-7% of your estate's value, according to Investopedia. The process of settling through probate court takes months, sometimes years, delaying inheritance and division of assets.
By planning ahead of time with a will and trust, you can help your loved one bypass probate court. Your estate will be settled quickly and without additional expense.
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Preventing arguments over inheritance
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It's not uncommon for families to argue over inheritance. In one study, the Wall Street Journal reported around 70% of families struggle with some type of fight surrounding estate inheritance. Arguments may be about money but can also extend to assets, property, and heirlooms — especially if you have a blended family.
Blended families add layers of potential complications and disagreements. Creating and sharing your estate plan can help prevent conflict before it starts.
Overriding wills from a previous marriage
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Previously married partners may already have an existing will. Getting remarried to a new partner will not invalidate your original will. In this instance, settling your estate with new partners and children from a blended family could make things complicated.
Updating your will often can help protect your family members from needing to fight an old will. It will also allow you to include new family members as beneficiaries in your estate.
Fixing inconsistencies with your beneficiaries
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Certain types of accounts have you set up designated beneficiaries when you create the account. Retirement accounts, life insurance policies, annuities, and investment accounts may already have one or more beneficiaries listed. Beneficiary assignments on these accounts take precedence over designations in your will, so it's important that they are updated regularly to reflect current partners and dependents.
By having an updated estate plan, you can assure that your beneficiaries are aligned both on your individual accounts and in your will or trust.
Addressing children from multiple relationships
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Blending families can be challenging, especially when you and your partner have children from multiple relationships. Stepchildren do not have any legal rights to your estate unless legally adopted by a stepparent. If you want to share your assets with your stepchildren, you will need to make it legally known during your estate planning via your will.
Additionally, if you have children from both a past and current relationship, you will want to designate how you want your estate divided, especially if there are minor children involved.
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Protecting your younger children
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If you have minor children, assigning who you want their guardian to be should you die is a vital part of estate planning. Without a will to designate their caretaker, that decision will be left up to the courts. In the case of blended families, this may mean separating half and step-siblings who have grown up together.
Being proactive in estate planning, ensures that your minor children will be taken care of by guardians that you have chosen.
Covering tax implications
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Inheritance is subject to various types of taxes depending on the size of your
estate, types of assets and where you live at the time of your death. Without
planning, this may unintentionally impact your loved ones after your death.
Certain types of inheritance are exempt from these taxes, but there are
different rules for almost every type of asset.
Working
with a financial advisor to put together your estate plan can help you avoid and
minimize taxes for your family.
Protecting your surviving spouse
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Estate planning is especially important to protect your spouse when you're part of a blended family. Without a clear plan, your spouse could accidentally end up left out or face financial uncertainty — especially if you have adult children or beneficiaries from previous relationships.
Clearly spelling out what happens to your assets in your will or trust makes sure your spouse has the security and comfort you want them to have, like being able to stay in your home.
Bottom Line
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Estate planning for blended families doesn't have to feel overwhelming. By taking time now to clearly outline your wishes, you can protect your loved ones, reduce conflict, and make sure everyone feels secure when you're gone.
A thoughtful estate plan is one of those hidden signs of financial stability. It means you're proactively managing your family's future by making smart decisions today.
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