Estate Planning for Blended Families in Texas: Key Considerations

Blended families are common in Texas. These are families in which children from different marriages might be living together under one roof. While family bonds remain strong regardless of biological factors, these situations can be challenging for various reasons. One of the most notable examples is estate planning, and you might have to consider various factors when approaching this legal process in Texas.

Consider discussing these issues alongside Dora Alicia, an experienced estate planning lawyer in Texas. Dora Alicia established the Garza Law Office, PLLC in 2015 after graduating from St. Mary’s University, and this estate planning law firm has helped numerous families throughout Texas since its creation, as evident in our client feedback. With almost a decade of experience, Dora Alicia has helped many blended families approach unique challenges.

Why Is Estate Planning Complicated in Blended Families?

 At first, you might be unsure of why estate planning is more challenging in a blended family. However, these complexities become clear when you understand how estate planning works in Texas. Generally speaking, children who are biologically unrelated to their stepparent may struggle to inherit assets if their biological parent dies. This could potentially lead to a situation where some children in a blended family receive preferential treatment over others.

If parents are truly committed to treating their children equally in a blended family, they may need to adjust their estate plans to reflect these priorities. However, even these adjustments could fail to protect children in a blended family. Why? Because when one parent dies, the other is free to adjust the remaining estate planning documents. After the death of their spouse, a parent might suddenly view their stepchildren in a different light. In many cases, a surviving parent may disinherit their stepchildren, adjusting their estate planning documents to favor their biological children.

The Importance of Getting Started With an Estate Plan

 While the complexities of a blended family can be confusing, the most important thing is to simply get started. You can begin estate planning gradually, starting with the essentials. If you die without a Will, your stepchildren will receive nothing. This highlights the need to create a Last Will and Testament, at the very least.

If you die without a Will, your own biological children may also receive assets in a way that goes against your wishes. For example, you might have separate property from your previous marriage that should fall into the hands of your biological children. This could be money, or it might be a more complex asset. Perhaps you have family heirlooms, collectibles, or antiques that have a special connection to your family bloodline. If you want your biological children to inherit these specific assets, you must state this clearly in your Will.

Can Trusts Help Blended Families During Estate Planning?

Another option involves a trust. While these estate planning tools are generally reserved for high-net-worth families, they are also flexible enough to handle the unique needs of blended families. One of the key features of a trust is the role of your trustee. This individual is responsible for acting in the best interests of your beneficiaries, and they may be more reliable than your spouse when it comes to caring for your biological children.

Perhaps most importantly, a trustee can limit the surviving spouse’s access to your share of the marital estate. They may also ensure that your biological children receive assets in a “drip-feed” manner once they become legal adults.

Contact an Established Estate Planning Law Firm in Texas

If you are ready to work alongside an experienced estate planning lawyer in Texas, why not continue this discussion at the Garza Law Office, PLLC? Blended families can be challenging for various reasons, but estate planning does not need to be overly complicated. With help from our estate planning attorney, you can approach this process with confidence and efficiency. Call (956) 329-1304 today to get started with a consultation.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.