Originally published: August 10, 2016 | Last updated: September 29, 2025
TL;DR: In blended families (where one or both partners have children from a previous relationship), a standard Will that leaves everything to your spouse can result in your children inheriting nothing. The solution is a spousal trust, which lets your spouse benefit from your assets during their lifetime, then passes them to your children. USLegalWills.com supports spousal trusts within the Will writing service. You should also check beneficiary designations on retirement and insurance accounts, as these override your Will.
What Is a Blended Family?
A blended family consists of partners who bring their children from previous marital unions or romantic relationships into their new relationship. Your current spouse may not be the biological parent of your children. The United States maintains a divorce rate close to 50% which has led to more blended families who need special estate planning because their situation requires solutions that standard Wills cannot provide.
What Happens When a Blended Family Has a Standard Will?
You face a basic risk because your entire estate passes to your spouse who does not share biological ties with your children so your children might receive no inheritance. The following example illustrates what could happen:
- Anne marries Bob and they have two children, Sue and Jimmy
- Bob dies or they divorce. Anne meets Jack who becomes her new romantic partner.
- Anne creates a basic Will which gives all her property to Jack but includes a backup plan that transfers her assets to her children if she and Jack should die at the same time.
- Anne dies. Her entire estate goes to Jack
- Jack never considered Sue and Jimmy as his own children, especially if they are adults by now
- The years passed until Jack died and he decided to leave his entire estate to his new family.
- Result: Sue and Jimmy inherit nothing – everything that was owned by Bob and Anne went to Jack, and Jack left nothing to them
This situation frequently surprises blended families because it occurs so often.
How Does Divorce Affect Your Will and Estate Plan?
The members of blended families need to pay child support on a continuous basis because they have established family ties. Check your documents with care because you need to know every duty which you must fulfill to your former spouse.
Key legal points to understand:
| Event | Effect on Your Will |
|---|---|
| Divorce | Most states automatically remove the ex-spouse as executor and beneficiary |
| New marriage | Usually revokes (cancels) your existing Will entirely |
| Common law status | Partners do not receive the same legal benefits as married couples – a Will is essential |
| Retirement/insurance accounts | Named beneficiaries on these accounts override your Will – always update them |
Critical warning: Recent legal precedent has confirmed that the named beneficiary on retirement and insurance documents overrules your Will. You must check that you have removed your ex-spouse from not only your Last Will and Testament but also from all retirement and insurance documentation.
How Can a Spousal Trust Protect Your Children?
The most effective strategy for blended families is to create a spousal trust (also called a family trust) within your Will. A trust which someone else controls through third-party management provides better impartiality while it stays closer to your original intentions than asking family members to handle it.
At USLegalWills.com, we offer two trust options specifically for blended families:
- Your spouse will continue to reside in the house throughout their entire lifetime because they own a lifetime interest in this property. After their death, the property passes to your children (the “remaindermen”). Your spouse will never receive this home because it remains outside their estate property.
- Lifetime estate: Your spouse can live off the proceeds of your entire estate, but it is held in trust for your children. Your children will receive all of your assets when your spouse passes away.
Both situations show that the trust belongs to your children while your spouse receives benefit from it through their lifetime. The assets never become part of your spouse’s estate to be distributed according to their own Will. Our guide to Joint Wills vs Mirror Wills provides additional information about this subject.
Do Online Will Services Handle Blended Family Situations?
People who live in blended families need to watch closely when they select an online Will service provider. Our team analyzed multiple online Will platforms but only a small number of them offer suitable solutions for blended families because their family situations require intricate legal solutions.
USLegalWills.com started supporting spousal trusts after we had provided our services for more than ten years. The tool functions as an estate planning solution which most online Will writing platforms fail to provide. Our service introduces trust options during estate distribution explanation which lets you protect your children without needing to find an expensive lawyer.
You should also consider complementing your Will with a Power of Attorney and Living Will for a complete estate plan.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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