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Estate Planning for Blended Families

Sowards Law Firm

Blended families are usually characterized by a couple bringing their children from a previous relationship into the new union and then having children together.

Blended families highlight the need for careful estate planning to make sure the needs of each spouse are met, as well as the needs of each parents’ children.

If one spouse is significantly younger, this sometimes means that the older spouse’s children are close in age to the younger. There can also be sibling rivalry between children of a parent and step-children. These relationships can cause more than friction between the step-parent and step-children.

Most parents want to ensure that their assets will pass to their children and/or grandchildren, and maybe not their stepchildren. However, without careful estate planning, there is no guarantee that their children will inherit their assets. In fact, if the couple creates identical wills such that their assets pass to the survivor of them, there is a significant likelihood their children will be disinherited.

This is because all of their assets will pass to the surviving spouse to do with as he or she pleases. This can result in the surviving spouse excluding the stepchildren, who then receive nothing.

Poor planning can lead to a race for survival between spouses. A will can be changed at any time; therefore a surviving spouse could change his will after the death of the first spouse, leaving nothing for the first spouse’s children.

Another common occurrence is for each spouse to name the other as a beneficiary on accounts or pieces of real property. Doing so will not allow the bank account, piece of property or other type of asset to pass to anyone else, regardless of what their estate planning documents provide.

A trust, however, can allow a spouse/parent to “rule from the grave.” At the death of the first spouse half of the trust assets can be locked down. With this type of planning, each spouse can have the assurance that their share of the trust assets (or one half) will pass to their children, grandchildren or any other person they wish. The remaining assets are used for the surviving spouse, and will then pass as that spouse wishes.

We help families of all types plan so that their savings, home and other property passes the way they intend. This involves getting to know you and your family and having a complete understanding of each spouse’s wishes. Please contact us today at (408) 371-6000 to schedule a free consultation to discuss your legal matters.

Client Reviews

I recently had the pleasure of working with Sowards Law Firm to create my estate plan, and I couldn’t be more satisfied with the experience. My company has a legal help portal where I discovered Sowards Law Firm, and I’m so glad I chose them. From the start, the entire process was incredibly smooth...

Prashant Joshi

They made it pretty easy for us to set up the legal entity we needed. Everyone we talked to was knowledgeable, professional, and considerate. We had to work around a difficult schedule, and the folks at Sowards made it work.

John Brawn

Everyone at Sowards Law Firm was extremely kind, helpful, and professional in helping me manage all of the legal work required after my husband passed away. They explained everything clearly, and focused on what would be the best options for me in the future. I’m grateful for their assistance and...

Lyn Savage

I have been working with Sowards Law Firm for all my estate needs and their service is impeccable, with the upmost professionalism. They walk you through scenarios in detail so that you can make informed decisions. I highly recommend this team.

Debra A

They made it SO EASY! Everything was explained and explored in regards to figuring out how to organize and structure. Very thoughtful and thorough. I will definitely recommend them, and have sent all of my clients their info to get their affairs in order.

Cindy Selleos

I used Sowards for my Estate planning needs. The firm provided excellent advice, and made the process very easy to complete in an expeditious manner. Each person that I interacted with was professional, friendly and competent. I have confidence that this multi-generational law practice is a solid...

Karen Bryant

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