Estate Planning for Blended Families

Many of the families we work with are blended families. The term “blended family” refers to families with step-parents, step-siblings, and half-siblings.

A person entering a blended family may assume their estate will pass to all their children or only their biological children. They may have an estate plan, but neglect to update their will and estate plan when they enter a blended family. Some people trust their current spouse to do what is “fair” to everyone. Unfortunately, failing to have a comprehensive estate plan for blended families can result in arguments, litigation, and unintended outcomes.

Our legal team at Heritage Legal, P.C. has substantial experience in all areas of estate planning. We offer comprehensive estate planning services that address a variety of unique concerns, including developing estate plans for blended families. From creating wills to establishing trusts, we help you protect your loved ones and your property.

Call Heritage Legal, P.C. for a free case evaluation with a Palm Springs estate planning attorney.

How Our Estate Planning Attorneys in Palm Springs Assist You With an Estate Plan for Blended Families

Attorney Christopher Heritage is a seasoned estate planning lawyer. He has extensive experience assisting clients with blended families to develop estate plans to protect their loved ones.

Our award-winning Palm Springs estate planning lawyers will assist you by:

• Take the time to get to know you and your family to learn about your goals and needs for estate planning

• Work with leading financial planners and other experts as necessary to ensure your assets are strategically managed

• Discuss the challenges in estate planning for blended families

• Explain estate planning tools and strategies to address various issues specific to blended families

• Develop an estate plan that accomplishes your goals

Our lead attorney, H. Christopher Heritage, has high ratings and recognition from several organizations. Expertise.com listed him among the Moreno Valley Best Probate Lawyers in 2022. Palm Springs Life named him a Top Lawyer from 2017 through 2023. He was also a Desert Outlook Top Attorney for two years.

Call Heritage Legal, P.C. to learn more about creating the best estate plan for blended families during a free consultation with our Palm Springs estate planning attorney.

Consequences of Filing to Have an Estate Plan for a Blended Family

California’s intestate laws determine how your property is divided after your death if you die without a will. Unfortunately, intestate laws may result in an unfair distribution of your assets, and your wishes might not be honored.

For example, your current spouse may receive half of your estate. Your children from a previous marriage would be divided between the other half, resulting in an uneven distribution. Suppose your spouse has significant assets and resources, but your ex-spouse does not. Your children from the previous marriage may need a larger share of your estate for their support.

In addition to the unfair distribution of your estate, failing to have an estate plan could result in unnecessary conflict within a blended family. Step-children are not entitled to inherit through intestate succession. Therefore, they may feel slighted that they receive nothing from your estate. Your current spouse may challenge the succession because they believe their children should inherit from your estate. Disputes can lead to probate litigation, which can be costly, time-consuming, and stressful.

Creating a blended family estate plan can avoid unnecessary problems and conflict. With a blended estate plan, your instructions are clear. Your family and the courts do not need to guess what you want to happen with your estate.

Considerations of an Estate Plan for a Blended Family in California

Each blended family is unique. Therefore, the tools you use for your estate plan depend on your family and their needs. However, the basic considerations of an estate plan generally include:

Last Will and Testament

A will is the most basic estate planning tool, but it is also the most essential. A will directs the court on how you want to disburse your assets after your death. It names your heirs and what they should receive from the estate. In addition to family members, a will allows you to leave assets to friends, extended family members, and charities. A will also allows you to name a guardian for your children.

Trust Agreements

A trust offers protection and flexibility for estate plans for blended families. Trust agreements manage assets for beneficiaries. The beneficiaries do not own the assets. For example, you could provide your current spouse with a house until a specific event occurs. Then, the home is transferred to your children.

With a trust, you can:

• Provide for a family member with special needs

• Bypass probate to reduce estate taxes

• Protect children from previous relationships

• Control the timing of distributions

• Protect a family business or separate assets from being transferred outside of the direct family

• Create separate trusts for each child to ensure they receive their fair share of the estate

There are many types of trusts you can use with an estate plan. Our attorney can help you determine the types of trusts that meet your needs.

Beneficiary Designations

Many assets pass directly to heirs without going through probate, including retirement accounts and life insurance policies. These assets pass directly to the named beneficiary. In a blended family, these assets can provide immediate sources of income for the named beneficiary.

However, failing to update beneficiary designations could be disastrous. For example, suppose your life insurance policy has your ex-wife as the beneficiary. You forgot to change the beneficiary when you remarried. If you pass away, your ex-wife receives the money instead of your current spouse.

Healthcare Directives and Powers of Attorney

A health care directive appoints someone to make medical decisions for you if you cannot. They also allow you to make your wishes known regarding end-of-life care. Powers of attorney appoint an agent to conduct financial transactions on your behalf. A power of attorney can avoid the need for a court-appointed conservator if you become incapacitated.

Choosing someone you trust to act on your behalf in a blended family can avoid disagreements and court battles. For example, your adult children may feel they have more of a right to make decisions for you than their step-parent. Addressing these issues now is an integral part of estate planning for blended families.

Schedule a Free Case Evaluation With an Estate Planning Attorney for Blended Families in Palm Springs, CA

Our Palm Springs estate planning attorneys at Heritage Legal, P.C., help you create an estate plan for your blended family that meets your needs and goals. If you have questions about estate planning, call us to schedule a free consultation with an experienced Palm Springs estate planning attorney.