At Surprenant & Beneski, P.C., we know that estate planning for blended families demands special attention, not only because of the complexity of the family structure but because disputes pertaining to inheritance are more likely to occur. If you are a member of a blended family in Southeastern Massachusetts, contact our knowledgeable attorneys now. We are well-prepared to help you make sensible decisions while keeping peace in the family.
This blog takes a close look at the reasons disputes may arise, even in the most loving blended families, and steps we can help you take to diffuse them, settle inheritance issues calmly, and leave a legacy that all your children deserve. It should be noted that conflicts in blended families sometimes begin with the comment of a previous spouse.
Factors That Complicate Estate Planning for Blended Families
Blended families, comprising spouses with children from previous marriages, present distinct challenges in estate planning due to:
Complex family structures that may include multiple sets of children, stepchildren, and ex-spouses, making asset distribution more complicated.
Differing financial situations with varying resources and obligations among spouses and their respective children.
Complicated emotional dynamics involving even more than the usual mix of resentment, affection, jealousy, and ambivalence, especially in relationships between step-parents and step-children.
Our experienced attorneys are well-prepared to guide you through the confusions or conflicts common in blended families and assist you in creating a customized estate plan that takes the concerns of all members into consideration.
Rights of Children From Previous Marriages
In Massachusetts, children from previous marriages or other relationships have legal rights that must be acknowledged in estate planning. As a matter of fact, intestate succession laws make it clear that any and all children of either parent (born to or adopted) are entitled to a portion of their parent’s estate if no will exists.
Purposes of Wills and Trusts for Blended Families
An estate plan is vital because it:
Specifies How Assets Will Be Distributed
In a blended family, clarity about the distribution of assets is particularly important. One of our attorneys will work with you as a couple to make certain that your assets are distributed fairly and equitably among spouses, children, and stepchildren.
Protecting Minor Children
It’s crucial that you both designate guardians for any minor children in case you and your spouse are unable to care for them. It is also imperative that you each assign a durable power of attorney to a responsible party who will be able to manage your finances if you are not. This will ensure that your minor children from both current and previous marriages are well provided for in your absence.
Minimizing Tax Implications and Protecting Assets
We will show you how to use various trusts to reduce tax burdens, ensure efficient asset transfer, and safeguard your child’s assets from bankruptcy, creditors, scams, lawsuits, and Medicaid/MassHealth look-backs, so that all of your children will receive their maximum inheritance.
Selecting a Responsible Trustee Is a Top Priority
In order for any trust to work properly, it must be administered by a reliable trustee. Make sure to pick someone:
- Trustworthy
- Able to handle potential conflicts calmly and impartially
- Who has financial acumen and experience
- With strong communication and diplomatic skills
Reasons for Inheritance Disputes in Blended Families
There are a number of reasons for inheritance disputes in blended families, including:
- Ambiguities in wills or other documents due to unclear language or failure to update
- Perceived inequities among biological and stepchildren
- Resentment among family members stemming from other tensions
Our legal team is here to help you identify potential sources of conflict and show you how to use proactive measures to mitigate disputes.
Red Flags That There Is Trouble Brewing
Signs of impending disputes include:
- Lack of communication evidenced by family members complaining about not being informed or involved in the estate planning process.
- Unrealistic expectations indicated by repeated misunderstandings about inheritances or roles within the family structure.
- Legal challenges or threats of legal action regarding the validity of the estate plan.
We will assist you in addressing these warning signs early on to prevent escalation and preserve family harmony.
How To Calm the Waters in Your Blended Family
To maintain family unity and prevent inheritance disputes, we recommend:
- Ongoing open discussion to create easy communication and deal with questions and misgivings as quickly as possible.
- Update documents regularly to ensure they reflect current circumstances and intentions.
- Seek mediation to resolve conflicts amicably, outside of court.
Taking proactive steps can alleviate tensions and foster understanding among family members.
Contact Our Capable Estate Planning Attorneys Today
The best way to prevent blended family inheritance disputes in Southeastern Massachusetts is to engage the services of the experienced estate planning attorneys of Surprenant & Beneski. Our comprehensive legal knowledge will ensure that all documents we draft and all suggestions we make will keep you in compliance with state regulations.
More than that, we are adept at developing tailored strategies to meet the specific needs of each family member’s specific needs as well as well-trained in conflict resolution. Contact us today to reach your goal of comfortable compromise and a harmonious home.