Estate planning is challenging for all families but can be incredibly complex for couples with children from previous relationships. The good news is that careful planning can help minimize stress for heirs and family members.
For example, naming one spouse as the primary beneficiary of an IRA and the other’s children as secondary beneficiaries will likely lead to conflicts after death. A financial planner can suggest other arrangements for these types of assets.
Create a Will
Regardless of the size of an estate, most people want to ensure that their spouses and children are cared for when they die. They may also want to ensure their children from previous relationships are kept from being disinherited or mistreated.
The simplest way to do this is through a will, which allows a person to direct where their assets should go when they die. However, a choice is not a foolproof tool. For instance, the survivor could decide that they do not wish to leave anything to the children from their deceased spouse’s first marriage and change the terms of the will after death.
Many blended families use trusts as part of their overall estate plan. A trust will allow for more thorough distribution and can help avoid disputes and hurt feelings after the death of a family member.
Create a Trust
Many individuals entering a blended family have a will or estate plan from a previous marriage and need to update it. Without a valid will, state intestacy laws determine how money and property are passed down to the surviving spouse and any children from previous relationships.
A remarriage-friendly strategy is to create trust. This allows a surviving spouse to access the funds for income, education, medical expenses, and support until death and then pass those funds on to the children.
Talking with your spouse about how you want your assets to be distributed is essential. An experienced estate planning lawyer can facilitate these difficult conversations to keep your kids and spouse from being disinherited. These discussions can include beneficiary designations on IRA accounts, joint bank accounts, investments, life insurance policies, etc. These conversations can be complicated and emotional, but they are essential for protecting your loved ones.
Create a Living Will
As you can imagine, estate planning is more complex. Blended families make things even more complicated, and it is especially critical to have a complete plan. An experienced estate planning attorney in Sacramento can help ensure that your biological children, ex-spouses, and stepchildren are protected and provided for equitably.
For example, many remarrying people must update their beneficiary designations on RRSPs and other accounts. This can be a big mistake, especially in a blended family, as the wrong beneficiaries could result in the children of one spouse receiving everything and the other getting nothing.
Additionally, it may be vital for you to choose a successor trustee who can make financial decisions on your behalf if you become incapacitated or pass away. A successor trustee has gone through a thorough background check and whom you trust to keep your affairs private.
Create a Health Care Power of Attorney
Many individuals enter a blended family and need to update their estate plans. As a result, they assume their spouse will distribute assets to their biological children and stepchildren fairly and equitably after their death. Unfortunately, this is often not the case.
Without a will, state law determines who receives a deceased person’s property, frequently resulting in the biological children of a first marriage being disinherited. This problem can be avoided by creating a health care power of attorney and a durable power of attorney, which designate who makes medical decisions for you should you become incapacitated.
Updating individual documents, such as beneficiary statements for RRSPs, life insurance policies, and workplace pension plans to reflect your new family structure. If you need help figuring out where to start, an experienced estate planning attorney can help.
Create a Durable Power of Attorney
Any complete estate plan should also include a document explaining your medical wishes in the event of incapacitation (known as a living will) and healthcare power of attorney designating someone to handle your healthcare affairs. In blended families, it’s not uncommon for people to name their spouse as their power of attorney. However, this can cause problems for heirs in the event of incapacitation when it’s time to decide whether or not to remove life support.
It’s also essential to update individual documents, such as RRSPs and insurance and workplace pensions, to reflect the new familial status, says Maiorino. This can help to minimize misunderstandings and prevent conflict down the road. An experienced estate planning attorney can also assist with strategies that minimize taxes and ensure beneficiaries receive the entire inheritance possible. This may include trusts, gifting, and charitable giving. An experienced estate planner can also work with family members to discuss any special considerations that need to be made for specific heirs.
Create a Living Trust
Thinking about what will happen when you and your spouse pass away is essential. You and your new spouse need to discuss to whom you want each of your assets (including life insurance policies) to go. Set up a trust or make your children beneficiaries of an IRA account.
Consider a power of attorney and medical directive. This allows you to appoint someone to make financial decisions on your behalf if you are incapacitated. This person can be a family member, friend, or professional fiduciary vetted by the state.
It is common for couples to leave all of their estates to each other, but with children from previous relationships, it can get more complicated. Discussing your intentions with a trusted estate planning attorney is critical. They can help you create an estate plan best suited for your situation.
