When you think of blended families, you might picture a happy household where kids from different parents come together under one roof. But while Hollywood makes it look easy, real life isn’t always as simple. If you’re married for the second (or third) time and have kids from a previous relationship, estate planning takes on a new level of importance. You want to take care of your spouse, but you also want to ensure your children get what’s rightfully theirs. And let’s be honest—you may also not want your new spouse’s ex swooping in and claiming a piece of what you worked so hard for.
This is where a solid estate plan comes in. Without one, North Carolina law will make some big decisions for you, and they might not be what you want. Your new spouse automatically gets a portion of your assets, your kids could be left out, and your old assets could get tangled up in legal battles. With the right plan, you can ensure everyone gets what they should—without the drama.
Protecting What You Brought Into the Marriage
One of the biggest concerns in a blended family is keeping your assets safe. You might have a home, retirement savings, or investments before the marriage. Without a plan, your new spouse will get a minimum percentage of everything—even the assets you had before you tied the knot. This could mean less for your kids, especially if there’s a will contest or claims for alimony.
A prenup is a great place to start. It lays out what belongs to whom and prevents any surprises later. But a will alone isn’t enough. The best move is to set up a trust. Each spouse should have their own trust for the assets they brought into the marriage. That way, you can ensure your children receive their inheritance while still providing for your spouse. For example, if you want your spouse to live in your home after you pass, you can put it in a trust that gives them the right to stay while ensuring your kids get the property once your spouse passes away.
Taking Care of Your Spouse Without Disinheriting Your Kids
You love your spouse and want them to be comfortable after you’re gone. But you also don’t want your children to be left out. This is where trusts are helpful. Instead of giving everything outright to your spouse, a trust can allow them access to money while they’re alive but ensure the rest goes to your kids when they pass.
This can also help avoid family fights. Stepchildren and stepparents don’t always see eye to eye, and the last thing you want is a legal battle over your estate. A well-written trust prevents your children from kicking your spouse out of the house while ensuring they get their inheritance later.
The key is balance. Your estate plan should shift over time as your family changes. What makes sense when you first get married may not work years down the road. Reviewing and updating your plan ensures everyone is protected now and in the future.
Make Sure Your Estate Plan Does What You Want
Estate planning isn’t just about having a will. Trust and clear legal documents help keep things fair if you’re in a blended family. The right plan can protect your spouse while ensuring your children get their inheritance. If you’re in Brunswick County and want to ensure your family is cared for, B. Joseph Causey, Jr., Attorney at Law, can help you put a plan that works for everyone. Reach out today to get started.