When it comes to the technical side of estate planning for blended families, the careful creation, structuring, and implementation of wills and trusts is a very important aspect of the process. But in order to ensure each of these core estate planning documents is calibrated to the specific needs of your blended family, both Van Cleve and Slattery recommend you and your partner first take stock of:
- Any alimony, palimony, and child support obligations
- The current existence or creation of prenups and postnups
- Power of attorney designations
For example, if you have child support obligations but pass away before those children reach legal adulthood, those payments will likely need to continue even after your death—an obligation that affects how you and your current spouse will structure your wills and trusts. And in the event you have a prenuptial agreement for your second marriage, in many cases it comes with specifications about what happens to assets at divorce or death.
“Unlike a will or a revocable or living trust, a prenup can’t be altered once enacted without the consent of both spouses, so if its terms cover asset distributions in the event of death or divorce, they will influence the shape subsequent wills and trusts take,” says Slattery. “If there’s a shift in family dynamics, you can always be more generous than the prenup. But that generosity should be clearly spelled out in your documents, acknowledging the provisions in the prenup and any postnups—each aspect of which should be discussed with your attorney.”
Whatever decisions you make, working with an estate planning attorney to incorporate those changes into the selection and structuring of your wills and trusts should be central to the process. Confidence in their professional know-how will give you the ability to step back from the technical aspects of legacy planning and create a considerate dialogue about your choices to your loved ones—which fosters the creation of responsive, adaptable planning by empowering you to focus on harmonizing your blended family’s emotional and financial needs.