When it comes to blended families, inheritance can get dicey. Tensions run high. With proper planning, you may be able to avoid conflicts. Let’s go over some basic tips:
1. What are your estate planning goals?
With blended families that include stepchildren, things can quickly get complicated. Especially if your spouse isn’t the parent of your children. You’ll probably want to leave any assets to your children and your spouse, but your children may not be old enough to inherit yet.
If you’re incapacitated and unable to make these decisions, your spouse and any adult children may fight over the right to make decisions for you. However, with an estate plan in place, you can not only choose a party to give power of attorney to but also determine whether their biological parent or your current spouse takes custody of them.
2. Review, review, then review again.
Changes happen throughout life. Some of these changes can seriously change your initial goal. For example, when you married, maybe your only concern was your biological children’s safety, but now you have stepchildren who you care for as your own. In that case, it’s time to go back and change your estate plan.
3. Communication is key.
Make sure your children and stepchildren are informed and that the process of inheriting is transparent. Also, discuss it with your spouse and try to be open to their input, but don’t just bend to whatever your partner wants. This is YOUR estate plan.
4. Be Cautious.
Estate planning for blended families has its own unique problems. For example, if the wealthier partner has children of their own, there could be conflicts over an inheritance. If that sounds like your situation, you need to be cautious in your second-family estate planning.
If you’re not remarried yet, get a prenuptial agreement. Discuss inheritance with your partner and get a guarantee from your spouse that he or she won’t contest your plan. If you and your partner are not married nor do you plan to be married, there is also such a thing as a domestic partnership agreement that serves the same purpose.
If you have any gift for your children or beneficiaries, give it to them while you’re still alive. This allows you to have direct control over your funds, not leaving anything to the whim of your executor or trustee. If they’re large gifts, take into consideration that you’ll probably run into the federal gift tax. Also, keep in mind, if you give $15,000 or less to any one person in a year, you don’t have to report it to the federal government.
You should also be thinking about any heirlooms or personal property. You may love and care for your stepchildren as your own, but want family items that have been passed through the generations to go to a blood relative.
You want to be fair to everyone while still being true to what you really want. Give assets according to your values and what you feel is best. Listen to any advice your family may give, but not if it goes against what you sincerely believe is right. These will not be easy decisions, and it’s crucial that you consult with everyone involved, including your attorney and tax adviser.
Contact Estate Planning Attorney Chuck Bendig today.
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