Blended Families

As blended families become ever more prevalent in our society, they also present unique sets of challenges requiring consideration in a carefully drafted estate plan.

His, Hers, and Ours

Which children are dad's from a previous marriage or relationship? Which ones are mom's? And most importantly, who will take care of them and which one will inherit what when you eventually pass away? Even if it is obvious to you what should go to each child, this does not mean that a court of law will see it the same way.

Most clients are primarily concerned with how their own children will be treated once they are gone. Disinheriting a former spouse is often a first step. Even if your former spouse is desirable as a guardian for your children, that does not necessarily mean that you want that former spouse to be able to inherit through your children or manage their finances.

Be certain that you and your current spouse have a clear agreement as to which child is to inherit what, and be able to articulate it in a manner that makes sense to all parties involved. It is important that you make arrangements to protect your own children should you pass away first. Just because someone promises to do the right thing, that does not mean that they are under any legal obligation to do so without a properly drafted estate plan.

Domestic Partners

If your life partner or cohabitant is not legally recognized as your spouse, they are not necessarily the beneficiary of anything that you own should you pass away before they do. What will they get, if anything? The answer, more often than not, is that they may get nothing at all if prior arrangements have not been made. We can help you ensure that your life partner shares in the distribution of your assets to whatever degree you want them to.

If you have a life partner, consider this as well: would you want them making medical or financial decisions on your behalf should you become disabled or incapacitated? Would they want you to be the one making these important decisions for them? Because we find that usually this is the case, that is why we recommend proper powers of attorney.