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How does a blended family affect your will?

  • By: James Rumps
  • 11-07-2019
  • Category: Uncategorized

Today we start our two-part series on estate planning for step-children and step-grandchildren.

The structure of families has changed in the United States: According to statistics cited by the Pew Research Center, six out of ten women who remarry are in blended families, and in about half of those remarriages, stepchildren live with the remarried couple. If you or your grown children are part of a blended family, your estate planning should reflect the special considerations and complexities involved. Identify Your GoalsEach family has its own dynamics and priorities—and blended families add another dimension that must be considered as you create or update your estate plan. Many factors will have an impact on your estate planning decisions, especially when you remarry and your new spouse has children, or if one of your adult children is in that situation. The decision about whether to provide for your stepchildren or step-grandchildren in your will or trust is an important and often emotionally difficult decision. The following factors are among those in play:

Age
When you remarry, the ages of both you and your new spouse and the ages of your stepchildren often have an impact on estate planning decisions. If you and your new spouse are older and both financially independent, and all of your children are adults, it may make sense for each of you to leave your assets to your own natural heirs. However, if you and your new spouse are young adults, and your spouse’s children are quite young, it is more likely your new spouse and stepchildren will be dependent on you for financial support and that you will play a significant role in raising your stepchildren. In this case, you may decide to provide for your stepchildren in your estate plan to some extent or even in the same way you have for your own children. Grandparents are likely to weigh similar considerations in determining whether to include their step-grandchildren in their estate plan. Your decision will depend upon the unique situation of your blended family.●Importance of bloodline. For some people, it is very important that their own children or grandchildren receive the bulk of their money and property. This may be the case even in situations where younger stepchildren are involved and their relationship with those children is strong.

Relationship
Unfortunately, some people simply do not get along with their new spouse’s children or their step-grandchildren. Or, if the stepchildren are grown and live in a distant state or another country, there may not be much of a relationship at all. If this is the case, they may feel less inclined to provide for the stepchildren in their estate plan. In contrast, other individuals come to view their stepchildren with as much love and affection as they do their own children and may want to reflect this relationship in their estate plan.

Heirlooms or other personal property
If one of your ancestors brought a special piece of furniture or jewelry from Ireland in the 1850s that has been passed down through the generations, you may want to ensure that it goes to your own children or grandchildren or to another blood relative when you pass away rather than to your new spouse and ultimately to your stepchildren. This may also be the case if you have items that belonged to a deceased spouse that are of sentimental value to your own children or other family members.

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