Love, Marriage, and Inheritance: Estate Planning Pitfalls for Blended Families

 Posted on November 20, 2025 in Asset Protection & Wealth Preservation

If you remarried after divorce or the death of your first spouse and you and your current spouse have children from your previous marriages, figuring out how to take care of everyone fairly is complicated. Blended families face unique estate planning challenges that can tear families apart if not handled correctly.

For example, your children from your first marriage could be accidentally disinherited. Without careful planning, your assets might not go where you intend, or your current spouse might be left without support. Our Montgomery, IL estate planning attorney can help you update your estate plan so it reflects your present circumstances and priorities.

What Happens If You Just Leave Everything to Your Spouse?

Many people assume they should simply leave everything to their current spouse, trusting that spouse to eventually pass assets to their children. This is one of the biggest mistakes blended families make.

Your spouse might remarry and leave everything to their new spouse. They might change their will to benefit only their biological children and cut out yours. They might face financial problems and lose the assets. Even with the best intentions, circumstances change and promises get broken.

Illinois law gives surviving spouses significant rights. Under the Illinois Probate Act at 755 ILCS 5/2-8, a surviving spouse can renounce your will and take an elective share of your estate. This is one-third of your estate if you have descendants, or one-half if you do not. Many people are surprised to learn that your spouse can claim this share even if your will says something different.

How Can Trusts Protect Your Children's Inheritance?

Trusts offer powerful solutions for blended families. A qualified terminable interest property trust, called a QTIP trust, lets you provide for your spouse during their lifetime while ensuring your children eventually receive the assets. Your spouse receives income from the trust for life. When your spouse dies, the remaining assets go to your children.

This structure takes care of your spouse without giving them complete control over your assets.Your children's inheritance is protected no matter what happens in your spouse's life.

What About Life Insurance?

Life insurance is crucial for blended families. You can name your children as beneficiaries on life insurance policies to ensure they receive money directly without going through probate or your spouse's control. Life insurance proceeds pass outside your will, so your spouse's elective share rights do not apply.

You might maintain separate policies for your spouse and your children. Your spouse could get one policy to provide financial support. Your children could get another policy to ensure their inheritance. The amounts can be adjusted to reflect your goals and family situation.

Be careful about policy ownership. If your spouse owns a policy on your life, they can change the beneficiary after you die. Consider using an irrevocable life insurance trust to maintain control over who receives the proceeds.

How Do Prenuptial Agreements Affect Estate Planning?

Prenuptial agreements can waive spousal inheritance rights. If you and your spouse signed a prenup before marriage, it might limit what your spouse can claim from your estate. This protects assets you want to leave to your children.

However, prenups must be properly drafted and executed to be enforceable. Illinois law requires full financial disclosure, voluntary signing without coercion, and procedural fairness under the Illinois Uniform Premarital Agreement Act at 750 ILCS 10/1. Courts can invalidate prenups that were unconscionable when signed or that leave a spouse destitute.

Prenups work best in combination with other estate planning tools. A prenup that waives inheritance rights is best paired with life insurance or other provisions that provide for your spouse without threatening your children's inheritance.

Call a Montgomery, IL Estate Planning Attorney Today

Blended families need thoughtful estate planning to avoid conflict and ensure everyone you love is protected. Without proper planning, state law and default rules might produce results you never intended.

Contact Gateville Law Firm at 630-780-1034 for a free consultation about your estate planning needs. With over 20 years of experience, our Montgomery, IL estate planning lawyer understands the unique challenges blended families face. We can help you create a plan that provides for your spouse, protects your children's inheritance, and brings peace of mind that your wishes will be honored.