Blended
families, where a married couple has children from previous
relationships or marriages, present unique estate planning concerns.
Failing to plan properly can lead to legal issues, family disputes and
assets being distributed in a way that does not align with your wishes.
Following
these estate planning tips for blended families, you can help ensure
that all family members are cared for after your death.
Consider a Prenuptial Agreement
While
prenuptial agreements may have a negative reputation in media and rap
music, they can offer significant long-term benefits for blended
families. A prenuptial agreement is a legal contract that can be drawn
up before marriage that outlines what will happen to the couple's assets
should the relationship end. This can help to prevent disputes and
disagreements about finances that could lead to family strife in the
future.
It
is also beneficial for blended families to update their estate plans to
ensure that all parties are protected. This involves ensuring that
individual documents such as RRSPs, insurance policies and workplace
pension accounts reflect the new familial status and include the proper
beneficiaries. In addition, a trust can be used to protect assets from
creditors and to avoid unnecessary taxes.
A financial planner experienced with estate planning for blended families
can assist you with creating a comprehensive plan to ensure that your
goals are met, and all parties are taken care of. The most successful
programs combine careful documentation with open communication and
regular meetings.
A
final note: it is important for couples, whether they have children or
not, to consider their choice of agent for their medical and durable
power of attorney. The person chosen must be someone who will be able to
make decisions on your behalf if you are incapacitated.
Review Your Will and Trusts
A
well-drafted will, drawn up with the help of excellent landowner law and estate planning attorneys, is the cornerstone of every estate plan. It provides instructions on who should manage is the cornerstone of every estate plan. It provides
instructions on who should manage your affairs if you become
incapacitated and who you want to receive your assets and possessions
upon death. It also specifies how you want your spouse and children to
be provided for in the event of your death. In blended families, unclear
or unstated instructions can lead to confusion and conflict after your
death.
For
example, if you outright distribute to your spouse, it could result in
your children from a previous relationship being unintentionally
disinherited. To avoid this problem, a marital trust allows you to
balance providing for your spouse and leaving the remaining assets to
your children.
Another
benefit of a marital trust is that it can help protect your estate from
creditors and lawsuits brought by former spouses. It can also provide
greater flexibility and security for beneficiaries, including the
ability to avoid taxable transfers.
Reviewing
your will and trusts after marriage or remarriage, or whenever any
major life events occur, is important. Taking the time to update your
estate plan now can prevent problems later on. This includes updating
beneficiary designations on your RRSPs, insurance policies and workplace
pension plans. Also, having open conversations with family members
regarding your wishes and expectations is a good idea.
Review Beneficiary Designations
When
individuals die, they typically leave behind assets such as their
family home, bank accounts, investments and life insurance policies. If a
person has not created a will, state law determines how these assets
are distributed, usually leaving everything to a surviving spouse and
their descendants. This is problematic for blended families, as it may
cause children from prior relationships to be disinherited.
In
addition, remarried couples often need to pay more attention to review
individual beneficiary designations for RRSPs, insurance policies and
workplace pensions, which may cause their spouse to receive an
inheritance they did not intend. Ensuring these individual documents
reflect the new familial status can avoid conflicts and litigation after
death.
Furthermore,
remarried couples should also ensure they know who will act as their
agents for financial and medical decisions if they become incapacitated.
This can include a power of attorney that names an individual to manage
their affairs and a health care power of attorney that designates an
agent to make medical decisions on the individual's behalf in case they
cannot do so themselves.
In
addition to these legal documents, individuals should review their
funeral and burial wishes while everyone is healthy. Discussing these
matters can alleviate stress after death and foster communication
throughout the family's life.
Review Your Assets
Everyone
needs an estate plan, but it is especially important for people in
blended families. It's common for spouses in second marriages to have
children from previous relationships, making family dynamics more
complex. A clear plan can prevent conflict and disputes after one's
death and ensure one's wishes are fulfilled.
The
most basic form of an estate plan is a will. Without a choice, state
law determines who receives your assets after death. This may mean that
your current spouse will inherit everything, or it might include your
children from previous relationships and your biological grandchildren.
In either case, it is unlikely that this will reflect your true desires.
In
addition to a will, an estate plan should include trusts and
beneficiary designations in addition to a choice. Trusts can help
protect assets from creditors, avoid probate and provide tax advantages.
Often, individuals will name their spouse as the trustee and their
children as beneficiaries of these trusts.
It's also a good idea to inventory all your assets,
including cash, real property, insurance policies, retirement savings
accounts and investments (Vanguard has a helpful worksheet). This will
give you an accurate picture of your wealth and will allow you to
determine whether any changes need to be made.