Blended families were once considered “non-traditional” families, but today blended families are increasingly common, with 52 percent of married or cohabiting couples having some form of step-kin relationship and 40 percent of new marriages involving remarriage.
If you’re part of a blended family, you’ve probably recognized the extra layer of complexity that comes with planning for your family’s needs and accommodating the many relationships that exist between stepparents, stepkids, and stepsiblings.
Navigating the complexities of blended families requires thoughtful planning, particularly when it comes to estate planning. Traditional family models dominate legal frameworks, posing challenges for blended families who do not plan accordingly.
Understanding estate law for blended families: State laws differ on inheritance and incapacity, often not aligning with the wishes of those in blended families. For instance, in Colorado, a surviving spouse may only receive part of the estate if the deceased has living children or parents. Conversely, California grants all community property to the surviving spouse, with separate property divided between the spouse and living children.
The situation can become even more complex in states like Texas, depending on whether assets are separate or community, and the presence of children or other relatives. These laws might not reflect your wishes for your blended family, making it crucial to establish a clear estate plan.
Avoiding conflict through open communication: Estate planning is often seen as a highly private affair, but it doesn’t have to be and often shouldn’t be. In the case of a blended family, having open conversations with your loved ones about your estate plan and your goals for the family can save them from hurt feelings and even court battles in the future.
Maybe you have a stepparent or stepsibling to whom you would want to gift a special item of yours like a watch or necklace. For better or worse, a person you have a step-relationship with has no right to inherit from you under the law, unless you put your plan in writing.
You don’t need to give away every detail of your will or trust but start by having an open conversation about the general goal of your estate plan, such as wanting everyone to have an equal share, or that you want to provide more for your biological children because your stepchildren will already receive a full inheritance from their other parent.
By taking the mystery out of your estate plan goals, your stepchildren will feel included in the discussion and feel like they are knowledgeable about your plan rather than feeling hurt if they find out later that your plan doesn’t align with the expectations they created for it in their minds.
By planning thoughtfully and communicating openly, you can ensure that your blended family remains united and cared for, leaving a legacy that extends beyond wealth.
Send your questions to ccolan@colanlegal.com and use “Alpine Mountaineer estate planning question” as the subject. We’ll answer your questions in our upcoming issues.
This article is provided by your local estate planning attorney, Corina Colan.
The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com
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