Estate Planning Questions for Blended Families

Suppose a parent wants a surviving spouse to remain financially secure and also wants children from a previous relationship to inherit. Saying that everyone should be taken care of does not explain how those goals will work together.

Blended families can bring several different relationships into one estate plan. The documents need to identify those relationships clearly.

What happens without a will?

Iowa does not use the same intestacy rule for every married person. Section 633.211 addresses a surviving spouse when there are no descendants or when all descendants are also descendants of that spouse. Section 633.212 addresses situations where some descendants are not descendants of the surviving spouse.

That distinction can change how property is divided. Assuming the spouse automatically receives everything can lead to a mistaken expectation.

Who is included when the plan says children?

The legal relationship and the document’s wording matter. Section 633.223 addresses inheritance through adoption. A stepchild who has not been adopted should not simply be assumed to have the same position as an adopted child.

Iowa’s intestacy statute also contains a more remote provision involving descendants of a deceased spouse. That does not make leaving a desired gift to a stepchild something to leave to assumptions. If a particular person should receive property, discuss naming and defining that person appropriately in the plan.

What happens after the first spouse dies?

Ask whether the survivor receives property outright or whether an arrangement is intended to preserve something for other beneficiaries. Those choices involve different levels of control and different administrative responsibilities.

Also look at the assets outside the will. An account payable directly to one person may affect how much is available for everyone else.

What should families talk through?

Useful questions include who may remain in the home, who pays its expenses, what happens if it is sold, and whether children are expected to receive something immediately or later.

A family conversation can explain the reasons behind a plan, but the legal documents still need to carry it out. A blended-family plan works better when the attorney understands the full family history and the intended treatment of each person, including relationships that may not be obvious from a basic family tree.

Tyler ThompsonAuthor