Blended families are those in which one or both partners have children from prior relationships. When these families merge—often sharing households—they are considered “blended.” Statistics show that about 16 percent of children in the U.S. are living in blended family situations with stepparents, stepsiblings, or half-siblings. Nearly 40 percent of marriages include one person who was previously married.
These family situations can complicate estate planning and strain relationships, particularly if a spouse’s children have other living parents and stepparents. An experienced estate planning attorney can help you sort through the ramifications of each option and ensure that you’ve completed all of the necessary documents for legal purposes.
How to Craft an Estate Plan That Avoids Disputes
Those who have remarried should keep their will and estate documents updated to reflect the reality of their blended family as well as changes to assets, such as a jointly-owned home. Without a will, Illinois law requires that a person’s estate is divided by probate court like this:
- The estate is divided evenly between the surviving spouse (50 percent) and any children (50 percent)
- Stepchildren are not included
A comprehensive estate plan can provide for natural children, adopted children, stepchildren, and anyone else to whom you want to leave an inheritance. Simply passing everything to your spouse is problematic because:
- Your spouse may remarry and change the list of descendants
- Your spouse will have complete discretion over what’s left of your estate
An experienced estate attorney will help to craft an estate plan that encompasses all of your assets and all of your descendants. Step one is determining if every descendant should receive equal portions of the estate. You may decide that one or two of your children or stepchildren should get a larger portion of your estate due to caregiving they provided or because their needs are greater than others’. An important aspect of this planning is clear and frequent communication with family members to firmly convey your wishes regarding your estate. This communication should dispel most concerns about fairness.
Other considerations when planning a comprehensive estate review include:
- Illinois estate taxes in 2025 affect those with $4 million or more in assets (for an individual), which is low compared to the federal threshold of about $13.6 million for an individual or $29.8 million for a couple. Your attorney can suggest ways to reduce the total value of your estate, including gifting up to $19,000 per person per year without triggering tax requirements. Creating a trust also removes the assets from taxation.
- Creating a bypass trust that avoids estate taxes by sheltering a portion of the estate while allowing your surviving spouse to continue living in your home and using your assets until the time of their death, when your named descendants receive their inheritances.
- Establishing a special “spendthrift provision” for certain members of the family who are better off with smaller payments over time rather than a lump sum.
- Thinking ahead to providing for grandchildrens’ futures, including college funds, through a trust that skips their parents’ generation.
- Making changes to beneficiaries of every account when you divorce or remarry. A divorce does not automatically remove an ex-spouse as beneficiary of your accounts. If the designees on these accounts do not reflect your current marital situation, your ex-spouse may still receive the funds as the named beneficiary.
- Writing a letter describing your wishes in detail, to reduce disagreements. This is not a legal document but simply a clarification of instructions laid out in your will and trust documents.
- Including “no contest” clauses or mediation requirements in your will to quell disagreements among your descendants.
Relying on a Trusted Professional for Your Estate
The estate planning professionals at Legacy & Life Law Firm LLC can guide you through the process of establishing a comprehensive estate plan that treats your blended family members with dignity and compassion. Executing an estate plan that is legally enforceable while conscious of family issues is a commendable legacy.