Estate Planning for Blended Families in Will County
In a blended family, a plain "everything to my spouse" will can leave children from an earlier marriage with nothing. Illinois also gives a surviving spouse the right to renounce a will and take a set share: one third if the person leaves a descendant, one half if not. A written plan makes your choices clear.
Why blended families are different
Two sets of people can both have fair claims on the same estate. A new spouse may need the house and income. Children from an earlier marriage may expect something from a parent who has died. If nothing is written down, each side may assume the other will do the right thing, and that is where family fights start.
Most simple plans assume one family. Everything goes to the spouse, and the spouse later passes it to the children. That works when both of you share the same children. When the children belong to only one of you, the survivor can change the plan, spend it, or leave it to somebody else. The children from the first marriage have no say.
What Illinois gives a surviving spouse
Under 755 ILCS 5/2-8, a surviving spouse can renounce a will. If the spouse does, they take a fixed share of the estate after just claims are paid: one third of the entire estate if the person who died leaves a descendant, or one half if there is no descendant. That is true whether or not the will gave the spouse anything.
The renunciation has timing rules. The spouse must file a signed written instrument in the court where the will was admitted to probate, within seven months after the will was admitted. A judge can allow more time if the spouse files a petition within the seven months saying that litigation affecting their share is pending.
The statute speaks of renouncing a will. How far the right reaches property that sits outside a will, such as a trust, a joint account or a beneficiary form, is a question for Jeff with your real documents in hand. Do not assume.
What this means for your plan
The spouse's share sets a floor for the new spouse. It does not protect your children. If you want your children to receive something, the plan has to say so in a form that holds up.
- You and your spouse can agree on how property is shared. A prenuptial agreement signed before the wedding can address this, and a postnuptial agreement can be considered after.
- You can set aside part of the estate in a trust for the surviving spouse during life, with what remains going to your children.
- You can choose a trustee who is not the surviving spouse, or name a co-trustee, if you worry about conflict.
- You can decide which assets go where, such as the house to the spouse for life and the rest to the children.
Get your plan done. Call Jeff.
Tell Jeff about your family, your home and what you want to happen. He'll explain the next step.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
The beneficiary forms
Life insurance, retirement accounts and bank accounts pass to the person named on the form. A form from a first marriage can send money to an ex or to a person you no longer plan for. A form from the second marriage can send everything to the new spouse. Look at every one and decide on purpose. If you are divorced, read estate planning after divorce.
Keeping the peace after you are gone
Money is rarely the whole story in a blended family. A clear plan tells everyone what you decided and why, which can keep a hard day from turning into a lawsuit. Some families add a short letter that explains the choices in plain words. Jeff can help you decide whether a letter adds anything for your family.
Review the plan after any big change: a birth, a death, a divorce, a move to another state, or a new business. A blended plan that was right five years ago can be wrong now, and it takes only a short meeting to check.
A few choices to talk through
- Who gets the house, and for how long?
- Who manages the money for the children, and until what age?
- Who is your executor or trustee, and does that person get along with both sides?
- Who are the guardians for any minor children? See guardian for minor children.
- What happens if you divorce or if your spouse remarries?
The revocable living trust page covers the trust tools that often show up in blended family plans, and dying without a will in Illinois explains what happens by default if you do nothing.
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about blended families
Short answers first. Jeff McCarthy reviews every answer on this page.
A surviving spouse may renounce the will under 755 ILCS 5/2-8 and take one third of the estate if you leave a descendant, or one half if you do not. The spouse files a written renunciation in the probate court.
Seven months after the will is admitted to probate. A judge may allow more time if the spouse files a petition within that window stating that litigation affecting the spouse's share is pending.
Put it in writing in a form that holds up, such as a trust for the spouse with the rest set aside for your children, plus matching beneficiary forms. Jeff will look at your family and your assets to set that up.
It is a tool that can address what each spouse keeps. It is not required, and it is worth a conversation if either of you has children or significant property.
Sometimes yes. If you worry about conflict with your children, you can name a neutral trustee or a co-trustee. It depends on how the family gets along.
Do not assume so. Ask Jeff how Illinois treats stepchildren in your situation, and name them in your documents if you want them to inherit.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
