Planning for Blended Families

ESTATE PLANNING ESSENTIALS

Using Trusts to Protect Loved Ones in Blended Families

By Justin J. Wall, Esq.

Trusts & Estates Attorney

Utah and Arizona

Blended families are the new normal. Whether due to remarriage, stepchildren, or second partnerships later in life, more and more families include people who aren’t biologically related—but are loved all the same. Unfortunately, the law doesn’t always recognize those emotional ties. And when someone dies without a clear, well-structured estate plan, blended families often face the most painful and preventable conflicts.

That’s where revocable living trusts can make all the difference.

The Problem with a “Simple Will”

In blended family situations, traditional wills can fall short. Many people assume their spouse will "do the right thing" and pass remaining assets to their children, or that everything will just "work itself out." But legally, that’s not guaranteed.

For example, if you leave everything to your surviving spouse in a simple will, they now have full control over the estate—and can legally leave it all to someone else. Children from a previous marriage may be unintentionally disinherited, especially if the surviving spouse later remarries, becomes estranged from the stepchildren, or simply changes their plan.

Probate court won't intervene unless there's evidence of fraud or undue influence. Intentions don’t carry weight. Documentation does.

What a Trust Can Do That a Will Can’t

A revocable living trust allows you to plan for everyone—spouse, children, stepchildren—and clearly define how and when each person should receive their share.

Here’s how:

• You can provide for your spouse during their lifetime (income, use of property, etc.)

• You can preserve the remainder of the estate for your children from a previous marriage

• You can name different beneficiaries for different assets or set timelines (e.g., distributions at age 25, 30, 35)

• You can ensure that minor children or stepchildren are supported without giving too much too soon

  
  

Even better, trusts avoid probate, keeping your estate plan private and less vulnerable to challenge—an important benefit in families where emotions may already be complex.

Planning for Real Life (Not Just Legal Theory)

In real life, family dynamics are messy. Maybe your new spouse has children of their own. Maybe one of your children has struggled financially, or a stepchild helped care for you in your final years. Maybe you want to leave something to your former spouse, or a family cabin needs to stay in one side of the family.

Wills can’t accommodate these shades of gray. Trusts can.

You can be specific, thoughtful, and deliberate. You can even create separate sub-trusts for different branches of the family tree. Most importantly, you can reduce the likelihood of future arguments—and prevent your death from turning into a courtroom fight between the people you love.

A blended family doesn’t have to mean blended conflict. With a revocable trust, you can protect everyone’s interests and keep the peace.

If you’re part of a blended family in Utah or Arizona and want to be sure your plan fits your reality, schedule a consultation today. You only get one chance to make sure your legacy reaches the right people, the right way.