Blog

Blended families—where one or both spouses have children from prior relationships—bring unique dynamics and, often, complex estate planning needs.

Without a carefully tailored plan, California’s default inheritance laws could unintentionally leave your loved ones unprotected or create conflict among family members.

Here are a few essential considerations for blended families:

 

1. Clarity Is Key

If you want to provide for your children from a previous relationship, your estate plan must spell that out clearly. A well-drafted revocable living trust is often the best tool, giving you control, flexibility, and privacy.

 

2. Protecting Your Spouse Without Disinheriting Your Kids

Many people want their surviving spouse to be cared for but also want to ensure their children inherit eventually. In California, a Qualified Terminable Interest Property (QTIP) Trust or a marital trust with remainder beneficiaries can help achieve this balance. These tools allow your spouse to benefit during his/her lifetime, with remaining assets passing to your children afterward.

 

3. Don’t Rely on the Default Rules

California’s intestate succession laws (which apply if you die without a will or trust) can lead to unintended outcomes in blended families—like your stepchildren receiving nothing, or your biological children inheriting more (or less) than you intended. Proactive planning avoids this.

 

4. Update Beneficiary Designations

Assets like life insurance, retirement accounts, and payable-on-death (POD) accounts bypass your will or trust entirely. Be sure to review and update these designations after marriage or divorce—especially to avoid accidentally leaving assets to an ex-spouse.

 

5. Address Guardianship Concerns

If you have minor children, make sure your estate plan includes nomination of guardians—especially if the child’s other parent is no longer living or is unfit. While courts in California give preference to biological parents, your plan can help guide the process.

 

6. Plan for Possible Conflicts

Sadly, family conflict is common when expectations aren’t clear. Having a professionally drafted estate plan—ideally with a neutral third-party successor trustee—can help minimize the risk of disputes between a surviving spouse and children from a prior marriage.

At Herbert Law Office, we understand the unique challenges and opportunities that come with blended families. Our goal is to give you peace of mind knowing that your loved ones—all of them—are protected and your wishes are carried out.

Ready to start or update your estate plan?
Call us at (760) 789-9000 to schedule your free consultation to discuss your family’s needs.