People with family members generally want to leave a meaningful legacy when they die. They don’t want that legacy to be one of conflict and dissatisfaction. Unfortunately, that is exactly what might happen in cases where people have blended families and do not establish estate plans.
The conflict that arises during probate proceedings can tear the blended family unit apart, causing irreparable damage to previously strong family relationships. Prior planning is critical for the preservation of a blended family unit and the intended legacy of the parents in that family.
How can estate planning help prevent probate conflicts when a parent in a blended family dies?
By protecting stepchildren
People often assume that everyone in their family may have equal rights to an inheritance. However, that is not necessarily true. Stepchildren do not have the same legal protection as biological or adopted children. Without an estate plan, the children and the spouse of the decedent may inherit the entirety of their estate, while their stepchildren receive nothing. That scenario can lead to bad blood between children and stepchildren.
By controlling expectations
Often, probate litigation begins with unmet expectations. Children expect to inherit almost everything and feel shocked at what a stepparent might receive, for example. Other times, a surviving spouse might expect to receive the vast majority of an individual’s property, only to realize that they have to divide it with their children.
Discussing testamentary intentions with others is a key component of successful estate planning for blended families. When people explain their wishes to their family members, they give them an opportunity to accept or even challenge those intentions long before the testator passes. They can discuss the matter with the testator, which may prevent a knee-jerk emotional reaction upon reviewing the estate plan after their death.
In addition to drafting testamentary documents and funding trusts, parents in blended families may want to create advance directives. If they clarify their medical preferences to their loved ones, they can prevent that from becoming a source of dispute in an emergency scenario.
Creating a thorough estate plan is critical for most parents, but often especially those in blended families. Advance planning can help a testator ensure that their estate has a positive impact on their surviving family members.
