Second marriages often bring joy, stability and a fresh start. However, they can also create complicated estate planning challenges. When one or both spouses have children from previous relationships, the risk of conflict over inheritance increases dramatically.
Individuals often assume that love and goodwill will prevent disputes. However, without clear legal documentation, misunderstandings, unintentional disinheritance and even litigation can follow. Protecting your spouse and your children—biological and step—requires planning that accounts for family dynamics, legal priorities and financial realities.
State intestacy laws (those that apply when someone dies without a Will) typically prioritize spouses and biological children. In many cases, if a person dies without a Will, the surviving spouse and biological children will receive a significant share, possibly even everything, leaving stepchildren with little or nothing.
Even with a Will, challenges can arise. In Pennsylvania, one spouse cannot disinherit the other spouse unless they have both agreed to waive the right to do so in a formal document such as a Prenuptial Agreement. A surviving spouse may claim an “elective share,” a legal right to a portion of the estate that can override the terms of a Will. Children from a previous relationship may be unintentionally disinherited if all assets pass to the surviving spouse, who then distributes them according to their own Will.
These risks are exceptionally high in cases where only one spouse brought significant assets to the marriage or when there is a considerable age difference, business ownership, or a family history of conflict.
One of the most effective tools for second marriage estate planning is a trust. A testamentary trust or a revocable living trust allow you to maintain control over your assets during your lifetime, while outlining exactly how they should be distributed after your death.
For example, a Qualified Terminable Interest Property (QTIP) trust can provide income to a surviving spouse for life, with the remainder passing to the deceased spouse’s children. This structure protects both parties: The surviving spouse is financially supported, and the biological children of the decedent are assured a share of the estate later.
Many assets—like life insurance policies, retirement accounts and bank accounts—pass directly to the person named as a beneficiary, regardless of what’s written in your Will. That means an ex-spouse could still receive your IRA if you never updated the paperwork.
Review your beneficiary designations after remarriage to ensure that they reflect your current wishes. In blended families, dividing assets across multiple accounts may be appropriate to benefit both your spouse and children directly.
You should also consider how these accounts fit into your broader estate plan to ensure no one is unintentionally left out.
Estate disputes often stem from unmet expectations. Children may assume they will inherit certain assets, only to learn after a parent’s death that those assets were left to a step-parent. Likewise, a surviving spouse may be surprised to learn that children from a previous marriage are now co-owners with the surviving spouse of the family home.
The best way to avoid this confusion is to talk openly with family members about your wishes. Explain your decisions, address concerns and show how your plan provides for all parties involved. These conversations may be uncomfortable. However, they are often the most effective way to prevent conflict.
Putting these intentions in writing with the help of an estate planning attorney ensures that everyone’s rights and responsibilities are legally protected.
References: CBC News (April 1, 2025) "Director Norman Jewison's wife cut him off from family, coerced him to change $30M will, lawsuits claimed" and Marriage.com (Oct 12, 2023) "5 Tips to Avoid Inheritance Issues in Second Marriages"
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