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Blended families can have complicated estate planning issues
Q: In the case of a blended family should the mother of the children pass first, what is the obligation of the husband to his step-children? If the mother’s wishes have been satisfied as to jewellery and personal belongings being passed on to the kids, what is the obligation of the step father to these children with the remaining assets upon his death and during estate planning? The kids are in their late teens.
—Patrick S.
A: Blended families have confusing rights and obligations. Some are moral and some are legal rights so it’s difficult to give simple answers to your question because people frequently have more than one marriage and one partner. Blended couples may also have children from previous relationships or marriages and this can create potential conflict for those expecting a family inheritance. As well, there’s the time element—children and relatives may lose their inheritance or wait years to receive it.
But no question, blended families have special estate planning issues. These include:
Many blended families avoid these complex estate planning issues entirely by adopting a simple estate plan or none at all. They often rely on their surviving partner to do what they think is right. The surviving partner may comply with their wishes, or they hope the survivor will leave their step children with an inheritance.
One spouse can leave everything to their partner through a will. There may or may not be any strings attached. That means that a second spouse could inherit everything. The deceased spouse may merely trust their partner to respect their wishes. Step parents may have no legal obligation to carry out their partner’s wishes.
But where one spouse has substantial assets, estate planning can be difficult. Spouses with assets could set up a trust for their surviving partners. So for instance, Don wants to leave his house to his spouse Janet in a trust. While she is alive, Janet can live in Don’s house rent-free. When Janet dies the house is sold. Sale proceeds are divided only among Don’s children. Janet’s family members will not receive anything from Don’s wealth.
Trusts attach strings to control Don’s assets and trusts can also support Janet while she is alive. She can receive all the income from Don’s $2 million investment portfolio. But she may be restricted from using the trust capital of $2 million. Don can leave these capital assets in the trust to his children. This trust could be created in a will or outside of it in a separate trust agreement.
But tread carefully—trust arrangements are not for everyone. So don’t run to a lawyer and insist on a trust. You need substantial assets to make a trust worthwhile. Trusts also raise complex tax issues and can be difficult to enforce without having valid, signed contracts. Couples can make contracts to limit spousal rights to an estate. Such contracts are also called domestic agreements, and pre- or post-nuptial agreements. Domestic contracts require financial disclosure, fair bargaining and independent legal advice. If these ingredients are present, courts may enforce up-to-date contracts.
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Ed Olkovich is a Toronto lawyer and certified specialist in Estate and Trusts Law
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Am I legally responsible of informing stepdaughter of moms impending or actual death. Can my wife allocate community property to her offspring if I am still alive? Furniture, vehicles, cash? If I die first without a will can wife transfer my personal assets to her daughters if I have a living sibling. I live in Georgia
Response from the MoneySense editorial team:
Hello Greg, thanks for the question.
Due
to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected],
where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
Response from the MoneySense editorial team:
Hello Greg, thanks for the question.
Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected],
where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
My Mother passed 5 years ago, upon her passing, together my Mom and My step Father of 47 years had a will together, in which named all assests to be split 5 ways, this will was in place for at least 20 years, My step Father took sick, however, just 5 months before his death, we found out after his biological daughter moved in with him, to help care for him, the will was changed just months prior to his death. Leaving her absolutely everything. My Mother raised his children, for their Mother took off on them when they were 10 years of age. Is it worth while, or do we stand a chance at protesting this new will?
Response from the MoneySense editorial team:
Hi Dave, thank you for the question.
Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
My father is deceased. My father and stepmother had a trust and will . My dad left 50% to me and 50% to my stepmother. My stepmother’s trust leaves 100% to my father. My stepmother has not updated her trust. If my stepmother passes, will her estate go to me since I’m the only heir to my father who is deceased? No other children involved.
Response from the MoneySense editorial team:
Hello Stacey, thanks for asking,
Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
Our my husbands 2 sons going to be able to get half my house now that my husband their father died and he didn’t leave a will. the house lists me as OWNER but he did sign the deed.
I made an online will and estate planning all on line. what will my adult son have to do when I die? He has two over 18 children’s. And I put all 3 in my will. I guess what I want to know if I have to take this will and estate planning to have a lawyer to look at it before I die. Or is the will is legal as it is. Thank you.
Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
My father got a settlement from my mother’s death and remarried then bought a house with the money from my motbers death after 30+ years my father is diagnose with cancer and puts everything in my stepmother name then my father dies and after 8 years my stepmother dies without a will would me and my siblings be able to get there share of the house
Due to the large volume of comments we receive, we regret that we are unable to respond directly to each one. We invite you to email your question to [email protected], where it will be considered for a future response by one of our expert columnists. For personal advice, we suggest consulting with your financial institution or a qualified advisor.
I am about to be married to a widower with two grown children, I have none. I own all the wealth. We will be seeing a lawyer this month to arrange a prenup. My plan is this. If I die first, he can live in my home until he dies and then the value will go to my estate. I also have a registered retirement fund that gives a substantial income per month. I have heard that IF this goes to my estate then the inheritors will have to pay tax on it. However should I transfer the monthly income to my spouse he can continue to collect it and only have to pay the yearly tax, based on his total income. Once he dies my wish is for the fund to then go to my estate where it will be fully taxed and then divided between the immediate members of my personal family. I am quite happy to give any income that my spouse has accumulated to his children upon his death and not me. He does have a pension that I would be entitled to 50% of. If he dies b4 me I do intend to collect it just as he would collect the revenue from my RIF. Where it can become tricky is he has an adult dependent child who is over 40 but never paid rent. He only works part-time and would have considerable difficulty managing on his income, my spouse is paying his rent at the moment. He is trying to address the situation on a daily basis as it should have been addressed years ago but was not. I am wondering what obligation I would have if any towards either of his two children who could possibly end up dependent upon him or the 4 young grandchildren he has.
Hi my husband passed a month ago. His grown daughters feel they should get all money left although I ( his wife) am beneficiary. He Spent a lot of money on his daughters before he died. They are both in their 40s. He bought one a suv and made car payments for the other. He constantly bought them groceries and paid their bills. They still feel they should get any money he left and I should pay all the bills. The son wants all my husbands tools he left. I’m tired of the stress this is causing me. Do I have any legal or moral responsibilities to any of them?
My wife’s sister passed away May 2022. Her 2nd husband owns a cottage and she purchased the house. She passed leaving the house to her kids in the will. The husband won’t leave the house, respond to any legal. He’s early 70s. There plan had been and is the will that if he went before her…she would get house and his kids would inherit cottage or, as in this case vise versa.
How would they get poserion.