Estate Planning for Second Marriages: How to Prevent Inheritance Conflicts

Blended families can bring a renewed sense of joy and stability, but they also introduce unique estate planning challenges. When one or both spouses have children from prior relationships, it’s crucial to plan ahead to avoid disputes over inheritance that can easily arise without proper legal safeguards.

Despite the best of intentions, assumptions that love alone will keep the peace often fall short. To protect your spouse, children, and stepchildren, you need a plan that addresses legal priorities and complex family dynamics head-on.

How the Law Handles Second Marriages Without a Plan

When someone dies without a will or estate plan, state intestacy laws take over—and they often favor the surviving spouse and biological children. This can result in stepchildren receiving little or nothing, especially if the deceased spouse had not legally outlined their wishes.

Even if a will exists, it might not be ironclad. A surviving spouse in many states has the right to claim an elective share of the estate, which can override will instructions. Likewise, children from a prior relationship can be left out unintentionally if everything is left to the surviving spouse, who may not follow through with plans to distribute assets to stepchildren or other heirs.

These risks are especially pronounced in marriages with a large age gap, uneven asset contributions, or when business ownership and family tension are involved.

Why Trusts Are Vital in Blended Families

A trust can be a powerful tool in estate planning for second marriages. With a revocable living trust, you retain control of your assets during your lifetime and determine precisely how they should be distributed afterward.

A QTIP (Qualified Terminable Interest Property) trust is particularly useful. It allows a surviving spouse to receive income for life, while ensuring that the remaining assets go to the deceased spouse’s children after the spouse passes away. This structure can protect the interests of both the spouse and the children, offering financial security and reducing the chance of legal conflict.

Trusts also help bypass probate, maintain privacy, and allow for greater flexibility than a standard will.

Don’t Forget to Update Your Beneficiaries

Assets such as retirement accounts, bank accounts, and life insurance policies are governed by beneficiary designations—not your will. These should be reviewed and updated after a remarriage, as outdated beneficiaries (like an ex-spouse) may still be legally entitled to those assets.

Dividing assets across different accounts or policies may be a practical way to provide for both a new spouse and children from a previous marriage. Just be sure these decisions align with your overall estate plan.

Talk About Your Intentions Early and Clearly

Surprises after a loved one’s passing are one of the leading causes of family disputes. A child who expects to inherit a home may be shocked to discover it's been left entirely to a stepparent. Similarly, a spouse might not realize that children from a former marriage are named as co-owners of key assets.

These types of misunderstandings can often be avoided through open, honest communication. While it may feel uncomfortable, explaining your wishes ahead of time and clarifying the reasoning behind them helps set expectations and reduce tension. Legal documentation is essential, but personal conversations can prevent misinterpretations.

Key Points to Remember

• Second marriages increase the risk of accidental disinheritance—planning is essential.
• Trusts, like QTIPs, offer a way to provide for both a spouse and children fairly.
• Beneficiary designations override your will—review them after any major life change.
• Without a plan, state laws and elective shares can override your intentions.
• Clear communication and written legal plans go hand-in-hand in preventing disputes.

Navigating estate planning after a second marriage doesn’t have to be difficult. At The Werner Law Firm, our knowledgeable estate planning attorneys specialize in helping blended families protect their legacies with customized, legally sound estate plans. Whether you’re considering a trust, need to update your beneficiaries, or simply want to get started, we’re here to guide you every step of the way.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

References: CBC News (April 1, 2025) "Director Norman Jewison's wife cut him off from family, coerced him to change $30M will, lawsuits claimed" and Marriage.com (Oct 12, 2023) "5 Tips to Avoid Inheritance Issues in Second Marriages"