Wills and Trusts for Blended Families

I read an article last night that talked about how estate planning is difficult for married couples with blended families. I thought I would write quickly on this topic.

Wills for Blended Families

Wills are a way of distributing property, but often times, are not a good idea for married couples with blended families or step children. Wills are a bad idea because wills contribute to family disputes. Wills increase family disputes because probate court invites conflict. Probate court requires lawyers in Illinois to mail out certified mail notices to potential heirs notifying them of the case. With wills being public information, any attorney can scrutinize the will and find a challenge to the will. Any heir that receives a certified notice from an attorney automatically will be alarmed because of an official letter from an attorney. Most heirs or beneficiaries contact an attorney and ask their legal advice. This legal advice results in will contests and other disputes.

Living Trusts for Blended Families

In my opinion, living trusts are better than wills at avoiding family conflicts because living trusts do not involve court proceedings. Unlike wills, living trusts are a private document and it is between the beneficiaries and the Trustor or creator of the Trust. There is no requirement to mail out certified or any notices to disinherited heirs. This lessons the chance of any contest because the dispute or potential dispute is buried underneath the surface. A living trust also is a method of distributing your property quickly upon your death. A living trust is a flexible legal document and can provide for step children and the surviving spouse. A qualified estate planning attorney is important because inherit step parent and children conflicts can be properly managed if experienced guidance.

In conclusion, living trust are a great mechanism to transfer your assets upon death and avoid disputes with your blended family. Often times, there are normal conflicts with a blended family that can be minimized with proper and smart planning. A estate planning professional is important because we understand the natural conflicts, which occur especially after the married couple gives us background on their unique family dynamics.

Sean Robertson is an estate planning and asset protection attorney based in Naperville, Illinois. Sean Robertson has extensive experience counseling clients on their wills, living trusts, powers of attorney, living wills, and special needs' situations. Sean Robertson may be reached at (630) 364-2318 or (312) 498-6080.