I have an ex wife and two kids from that prior marriage. I also have a new wife and a child with her. I want to treat all of the kids the same in my estate planning and my current wife is fine with that. She and I both have an excellent relationship with my children from the prior marriage. Are there any issues I should be aware of in formulating our estate plan? Does the new Uniform Probate Code change anything with respect to blended families? Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Kids from prior marriage
Good question. I've read differing statistics on this issue, but approximately half of first marriages end in divorce, and almost 75% of divorced people eventually marry again. Given those numbers, a huge percentage of so-called blended families now must deal with the type of estate planning issues you mention. The short answer to your question is yes, there are many issues you should be aware of. Blended families present unique estate planning challenges. The new Probate Code doesn't really address most of those issues, however.
The new MA probate code tries to address some of the issues that arise with blended families in the context of intestacy. For example, you can read this post for an explanation of how the the new UPC changes the way an intestate estate is divided between a surviving spouse and children not of that spouse (kids from a prior marriage).
Beyond that, for those who wish to make effective plans that will preserve harmony in the extended family, the burden is still on the person who is devising the estate plan (and her attorney) to consider how she wants her estate divided. With proper estate planning, it does not matter whether the child is from your current marriage or a prior marriage, or whether you have only had one wife or have had several. With some exceptions (spousal share, for example), you can decide where your estate will go. Obviously, you and your wife need to discuss your wishes with an experienced estate planning attorney.
One thing your attorney may discuss with you is the importance of talking to your heirs about your estate plan and explaining why you set it up as you did. That type of candid conversation can avoid bitter disputes between children from different marriages, for example, after you pass away. Hope that helps.