The Unique Dynamics At Play in Blended Families
Anyone who’s seen an episode of “The Brady Bunch” or “Modern Family” knows that families today come in many shapes and sizes. Long gone are the days when a “family” was defined as a mother, father, and two children. One common type of family in our modern culture is the blended family, which forms when parents divorce and at least one remarries.
While everyone may get along effortlessly while the parent is alive, conflicts often arise once the parent dies. The law typically favors the spouse, which can disadvantage children from a previous marriage. This happens because:
- The parent trusts the new spouse completely.
- The new spouse may prioritize their own interests or children from a previous marriage.
- The parent hasn’t been educated about potential issues and hasn’t consulted with a competent attorney.
A True (and Common) Story That Became a Nightmare
In a recent marketwatch.com article, a woman shared her nightmare scenario. Her father (we’ll call him “Dad”) owned several properties, including the house she grew up in. After remarrying, Dad’s health declined, and her stepmother (we’ll call her “Stepmom”) made financial moves to qualify him for Medicaid. This meant transferring his assets to Stepmom.
Initially, this seemed beneficial for the children, but after Dad died, Stepmom sold all the properties and kept the proceeds for herself and her daughter. Dad’s children from his first marriage got nothing.
Wait – Surely That’s Not Legal!
You might think this is illegal, but it’s not. Once Stepmom owned the properties, she could do whatever she wanted with them. The children had no legal recourse.
This situation raises questions about whether Dad foresaw this outcome and if he knew there were ways to protect his children while qualifying for government benefits. With proper education from a trusted lawyer, he might have done things differently.
How to Ensure Your Children Are Spared From the Potential Consequences
To avoid similar consequences, take these steps:
- Don’t Be Afraid of the Inevitable: Death is certain. Accept it and make plans while you can.
- Hold a Family Meeting: Discuss your wishes, values, and goals to prevent misunderstandings.
- Educate Yourself: Laws vary by state, and online information isn’t tailored to your unique situation.
- Work With a Lawyer Who Understands Your Family Dynamics: You need a plan that fits your unique needs. A trusted attorney can help you create a plan that ensures your family’s future is secure.
Your loved ones don’t have to face tragic circumstances when you pass. With honest conversations, proper education, and guidance from a trusted attorney, you can create a plan that maintains peace and ensures your loved ones are taken care of as you wish. To learn more about our heart-centered approach to estate planning and how we can help keep your assets in the family, schedule a complimentary 15-minute call with our office.
