Who gets what in a blended family with no will?

Q: What happens if I die, was previously married and had a will—but am now remarried (blended family) and have not written a new will? What happens to my estate if I die? How is it divided? Does my new spouse get all the assets? Or is it split between all children (his and mine)? Or do just my own children and spouse inherit everything? Or just my children?

—Donna

A: Donna, You ask, “What happens to your blended family if you die?”

• What are the ages of all children (his and yours)?
• Are you supporting any children?
• Are any children financially dependent?
• Do you need guardians for children who are minors?
• Should trusts be set up to invest minor’s inheritances?
• Is any child on government assistance?
• Should discretionary trusts be used for spendthrift children?
• Do estranged children have claims to your estate?
• Did you promise to pay for their children’s education or wedding?

• What if your new spouse has more wealth than you?
• Should your money go to your spouse or your children?
• What if your spouse requires a full-time personal service worker?

Ed Olkovich is a Toronto lawyer and certified specialist in Estate and Trusts Law

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