Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

No-Surprises Estate Planning For Your Blended Family

| |

Blending families can beautify life and make it a lovely journey once again. But a myriad of estate planning issues can spring up in the unfortunate event of divorce, incapacitation, or death.

The good news? This article highlights how you can plan your estate and make robust changes upon divorce. 

Blended family

What Is Your Best Choice for Estate Planning for a Blended Family?

No two blended families are ever the same. Your option needs to consider each family relationship and iron out issues related to executor naming, inheritance, and general fairness. Here are some of the best paths you can cherry-pick from:

1. Family trust

It’s a testamentary trust where assets pass to a common trust upon the first spouse’s death. That way, the living parent can fairly distribute the property according to each offspring’s needs. 

2. Marital trusts

This structure transfers your assets to your surviving spouse while designating residual property for your descendants once the spouse passes on. The structure includes all blended children.

3. Outright ownership

Outright ownership transfers all property to surviving spouse without involving any trust for offspring. While it’s the easiest route, ensure you trust your spouse to exercise fair allocation.

4. Immediate bequests

Here, you don’t go the Trusts route- every offspring in your Will receives assets directly. Convince your spouse that it’s your best choice to avoid conflicts. 

If You Divorce, What Changes can You Make during the Process?

Suppose you pass on or become incapacitated before finalizing the divorce. The last thing you want is the ex-spouse taking all your assets and leaving nothing to your children. So it’s prudent to create or change several vital documents:

1. Powers of attorney

Filing for divorce takes the uniform power of attorney away from your spouse. But someone should be there to take care of the finances, medical, and legal issues in case you die or get incapacitated./p>

2. Advanced directive (Living Will)

What are your medical wishes should you fail to communicate due to incapacitation? This document will communicate your wishes to your loved ones and medical care professionals.

3. Will

A will prevents your ex from controlling assets meant for your children and other beneficiaries. So draft one if you don’t have it.

If the Will, Living Will, and Power of Attorneys contain your ex’s name, you may want to compile new documents during or after the divorce.

What Changes can You Make after Finalizing Divorce

The divorce process is now done and dusted. But it’s crucial to make extra modifications to ensure proper estate planning. Here are some of the changes:

1. Retirement accounts

The law views retirement money accumulated during a legal marriage as community property. You negotiate with your spouse how to split these and other assets.

After a divorce decree, you have to change the individual retirement accounts (such as 401 (k) and IRA) — the adjustment doesn’t happen automatically upon divorce.

2. Revocable trusts

Your ex will automatically cease being a trustee of the Living Will upon divorce. That means you need to name a new one. Regarding Irrevocable Will, it’s wise to talk to your lawyer to sort out things.

3. Life insurance

You can negotiate a life insurance policy with your spouse during or after a divorce. Upon divorce, your ex will automatically cease being a beneficiary unless otherwise stated in the policy. So if you want them or minor children to remain beneficiaries even after divorce, you must express it.

Related Resources: Complex Family and Property Situations


Our website offers a wealth of resources on estate planning in Pennsylvania, focusing on complex family situations and property ownership across multiple states. We aim to provide solutions tailored to your unique family dynamics by covering topics such as  Owning Property in Multiple States, Estate Planning for Blended Families, First Time Estate Planners, Estate Strategies for Unmarried Couples, Avoiding DIY Estate Planning Pitfalls, Creating a Living Trust, and Estate Planning for Stepparents. This content serves as general information. For advice tailored to your particular circumstances, please consult with our attorneys.

Contact us to schedule a consultation and let our team assist you in navigating your estate planning needs and goals.

Contact Us to Plan Your Estate

You now understand how to navigate through the estate planning challenges that come with blended families. But your best bet is to engage the services of an estate planning lawyer who will guide you through the journey.

At Petrelli Previtera, LLC, we strive to help you plan your estate so that surprises don’t throw you or your loved ones into confusion. Call 866-465-5395 orcontact us online to discover our award-winning family law offerings.

Client Testimonials

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

Serving Clients at the Following Locations

Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
ChicagoTwo Prudential Plaza 180 North Stetson Suite 3500 Chicago, IL 60601(312) 252-2085view details
Schaumburg1750 E. Golf Rd, Suite 382 Schaumburg, IL 60173(630) 491-9670view details
Texas500 W 2nd St Suite 1900 Austin, TX 78701(512) 883-1684view details
Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details
Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details
Princeton475 Wall St, Suite 214, Princeton, NJ 08540 Meeting Location: By Appointment Only (609) 917 9560 view details
Linwood210 New Road #15 Linwood, NJ 08221 Meeting Location: By Appointment Only (609) 375-0351 view details
Parsippany8 Campus Dr, Parsippany, NJ 07054 Meeting Location: By Appointment Only (973) 310-5320 view details
Philadelphia1845 Walnut Street 19th Floor Philadelphia, PA 19103(215) 523-6900view details
Montgomery County516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details
Doylestown123 N Broad Street, Doylestown, PA 18901(267) 938-4480view details
Abington1147 Easton Road, Abington PA 19001(610) 890-4833view details
West Chester203 W. Chestnut St., Suite 204
West Chester, PA. 19380
(610) 431-4012view details
schedule a consultation Today
Contact Us Fill out the form or call us today (866) 465-5395