Every family wants to trust that their future is in good hands. However, the definition of family has expanded quickly within the last several decades, especially as divorce has become more common and people are choosing to remarry a second or third time. The term “blended family” refers to “a family that consists of two adults, the child or children that they have had together, and one or more children that they have had with previous partners.” In other words, any situation where two people are entering a marriage with children from previous relationships can be considered a blended family. In recent years, blended families have become increasingly common. According to recent estimates, “Over fifty percent of U.S. families are remarried or re-coupled.” Despite the growing number of blended families across the country, state succession laws are still catching up to this new reality. For instance, states like Washington still have succession laws that heavily favor biological family lines and can overlook stepchildren, new spouses, or other potential beneficiaries.
As you begin to approach the estate planning process in the greater Spokane area, it’s essential to work with a highly qualified and knowledgeable attorney who understands the nuances and complexities of blended families. With a caring and experienced Spokane estate planning lawyer by your side, you can trust that the tools and protections you put in place will safeguard the specific and unique needs of your blended family. Let’s take a closer look at what to expect as you begin your blended family estate planning journey in Washington state and some of the tools you can put into place to ensure a bright and secure future.
What Washington Laws Default to Without a Last Will and Testament
Before we start to explore some of the estate planning tools you can use to support your legacy, it’s worth recognizing what happens when someone passes away without a valid will in Washington state. Dying without a will in place is referred to as dying “intestate,” and intestate succession laws determine how the individual’s assets will be distributed upon their passing. Under RCW 11.04.015, the decedent’s estate will be distributed among the beneficiaries according to these laws. Generally speaking, the assets will be transferred to the surviving spouse if the couple had no children. If there is no surviving spouse, any children will inherit the estate instead. Should the individual pass away without a spouse or children, their estate will be passed to any surviving parents (or, should none exist, to any surviving siblings). If the individual left a spouse and children behind, the spouse will inherit the entirety of the community property and one half of the separate property, with the children inheriting the other half of the separate property. From these detailed instructions, it’s evident that stepchildren and previous (or subsequent) spouses can be excluded or ignored along the way. The best way to avoid significant oversights or costly legal disputes is to work with a skilled and experienced Spokane estate planning attorney who can help you and your blended family plan for a smooth transfer of assets according to your wishes.
Key Benefits of Wills For Blended Families in Washington State
When most people hear the term estate plan, we tend to think of putting a will in place. Wills are the cornerstone of any estate plan, as this legal document allows you to specify how you would like your assets to be distributed when the time comes. As tempting as it may be to use online kits or free templates to create a will, these documents are often overly generic and too vague to sufficiently protect you and your loved ones. Instead, it’s worth investing in the guidance and support of a highly qualified and diligent Spokane estate planning lawyer who can help you articulate your unique vision and goals so that you can put the necessary provisions and protections in your will to safeguard your legacy. Wills for blended families should be tailored to accommodate your family’s special considerations so that you can face the future with greater certainty and confidence. By putting together a will for your blended family, you can help to prevent unintended disinheritances while balancing the interests of a spouse and children from any previous relationships.
Other Tools to Help With Estate Planning For a Second Marriage
In addition to creating a will as part of your estate plan, you can work with your knowledgeable estate planning professional to explore other tools to safeguard the interests of your blended family. For example, you can assess whether establishing a revocable living trust can help to support your estate planning goals, or whether creating marital trusts or QTIP trusts are a strategic way to provide financial security and stability to those you love. Additionally, it’s worth reassessing and updating any beneficiary designations and asset titling considerations to make sure that critical assets like retirement accounts, life insurance policies, and other properties are handled according to your most updated wishes in the event of your incapacitation or death. Forgetting to update the beneficiary designations on any joint accounts can have serious consequences, such as having that asset pass to your ex instead of your current spouse when you pass away. To learn more about how you can personalize your estate plan to reflect and accommodate the needs of your blended family, get in touch with a caring and trusted Spokane estate planning attorney today.
As you plan for the future, you want to rest assured that your loved ones will enjoy a bright and secure foundation well after you pass on. At Kristina Mattson Law, we believe in taking a customized approach to estate planning for families, taking the time to identify your unique needs and putting strategies in place to help you achieve your goals. Please contact our Spokane, Washington office today at (509) 998-6629 to get started with an experienced and caring estate planning attorney.
