Protecting Children From A Previous Marriage In Your Estate Plan

Divorce and remarriage can dramatically complicate an individual’s estate plan, often in ways that people do not expect. Shifting family dynamics can impact property designations, inheritances, and obsolesce many existing estate plan documents. Failure to adapt to these changes and effectively address these new legal implications could damage an individual’s financial legacy and the relationships of those left behind. Therefore, skillfully addressing these changes may be paramount for those wishing to leave a strong legacy for generations. 

One of these factors that often plays a role in estate plans for blended families is protecting children from a previous marriage. Understanding how to construct a will, trust, or other estate plan documents that honors family history, while also making space for new family members can be challenging. Addressing a previous marriage and accounting for it in an estate plan could help strengthen an individual’s estate plan. 

An experienced California estate planning lawyer from Wakefield Law Firm may be able to assist in addressing these complications and building an estate plan. Schedule an initial consultation today at (949) 274-9975.

How Family Dynamics Impact Estate Planning

Estate planning is a complex subject that can lead to intense conflict when expectations are not met. These unmet expectations are often caused by assumptions or poor communication. However, in the case of a blended family with at least one previous marriage involved, these expectations and assumptions can be difficult to predict. Exploring family dynamics with clear and open communication may help avoid these conflicts and hurt feelings. 

How a Second Marriage Can Complicate an Estate Plan

A previous marriage can easily complicate an individual’s estate plan in numerous ways. Most people will build an estate plan with their first spouse, both giving their input and shaping the plan with their interests. Therefore, entering a new marriage after a previous marriage can lead to conflicts of interest as well as documentation that no longer reflects the individual’s wishes. Here are some ways that a previous marriage can impact estate planning. 

Spouses

Many individuals list their spouse as their primary beneficiary in their wills, trusts, life insurance, and other estate plan documents. However, divorces may invalidate many of these claims of the spouse on their partner’s property, specifically in the case of wills. With a previous marriage involved, these beneficiary designations may not be clear, or may still be listed as the spouse from a previous marriage. Updating these provisions in a second marriage may help rectify this issue. 

Children from a Second Marriage

Some couples plan to have children when remarrying, which could complicate beneficiary designations for inheritance. Children from a previous marriage, stepchildren, and children from the second marriage all may have an interest in an inheritance. Still, it may be challenging to determine who is entitled to what. 

Stepchildren

Additionally, stepchildren from the opposite spouse’s previous marriage may complicate matters further. Under California Probate Law, stepchildren may face legal complications when claiming entitlement to an inheritance unless specified in a will or other document. If a remarried individual dies intestate or without updating their will from the previous marriage, the stepchildren may need to prove certain criteria to be treated as heirs. This makes updating wills and estate planning documents important if the testator wishes to include their stepchildren. 

California Inheritance Laws and Their Impact on Children From a Previous Marriage

Another key facet of estate planning to understand when accounting for a previous marriage is California’s inheritance laws. These laws could impact what probate courts decide to do with an inheritance, assuming the estate is not protected by a trust. These laws may impact what a beneficiary is entitled to and could shape or conflict with an individual’s estate plan. 

A skilled California estate planning attorney from Wakefield Law Firm may be trained in this field and could provide a more in-depth evaluation of an estate plan. 

Rights of a Surviving Spouse

Under California Probate Code § 100(a), a surviving spouse is generally entitled to up to half of the individual’s estate. This may not factor heavily into a previous marriage, but it may impact the steps the testator takes to craft an estate plan in a second marriage. Understanding the rights of a surviving spouse could help the testator make informed decisions regarding a will or trust. 

Inheritance Rights of Stepchildren

Another significant factor to consider is the inheritance rights of stepchildren. Under California inheritance laws, stepchildren are not entitled to any portion of their stepparent’s estate. Inheritance is often given via bequests in a will, but without these provisions, they do not have a claim on the individual’s inheritance. 

How to Protect Children From a Previous Marriage When Estate Planning

Therefore, when planning an estate with children from a previous marriage, one may wish to take special care to ensure all parties are addressed and included. This may help avoid conflicts and injured feelings, as well as presenting a clear and confident guide to those who come after. Taking proactive steps to create an effective estate plan could help build a lasting legacy. 

Review Documents

One of the most important steps to take when creating an estate plan with a previous marriage is to update all of the relevant estate planning documents. Having an estate plan that is not impacted by a divorce and remarriage is uncommon, which means most individuals would benefit from updating their documentation regularly. 

Generally, the testator would benefit from updating any wills, trusts, life insurance policies, powers of attorney, and any other document that included the spouse from the previous marriage. Additionally, including one’s new spouse could play a role in crafting a mutually beneficial estate plan. 

Communicate with Family and Beneficiaries

Another key aspect of creating an effective estate plan for a blended family is communication. Due to the complex family dynamics present in blended families, traditional expectations and assumptions may not always apply. Being open and honest about the estate planning process and communicating clearly with beneficiaries can help avoid conflict over inheritances. Additionally, the input and unique perspectives of family members may contribute to strengthening the estate plan overall. 

A California Estate Planning Attorney Can Help

Crafting an estate plan for a blended family can feel overwhelming, particularly when the legal complications get in the way of the legacy you want to build. The assistance of a skilled estate planning attorney from Wakefield Law Firm may help ease these complications and ensure a smoother transition for the next generation. Consider scheduling an appointment with an attorney to discuss estate planning for a blended family today by calling the office at (949) 274-9975 for details.