If you are part of a blended family, you are not alone. Blended families have become the majority in the United States over the last several decades. Creating harmony within a blended family is often difficult. Developing an estate plan for your blended family may seem outright impossible without creating discord. Aside from the emotional aspect of discussing your estate plan with the various parties, you must take into account the wide array of state and federal laws that pertain to probate, wills and trusts, and retirement plans. By taking the time to consult with an estate planning attorney, you can avoid some of the common pitfalls encountered when estate planning for a blended family.

Undoubedly the biggest, an most easily avoided, pitfall of estate planning for a blended family is failing to create a plan. Some people do not realize the importance of creating an estate plan while others simply wish to avoid the potential discord that may result from discussing an estate plan. Even if you do not have a substantial estate, estate planning for a blended family is particularly important in order to ensure that all the parties are protected and your wishes carried out in the event of your death.

Another common pitfall is failing to review the terms of your divorce decree when appropriate. Often, a divorce decree requires you to include specific provisions in your estate plan. Be sure to locate a copy of the decree and allow your estate planning attorney to review it when discussing your estate plan. Finally, state and federal laws must be considered. Creating an estate plan that does not comply with applicable laws may be worse than not creating a plan as it could result in your estate spending months, or even years, in probate court until it is straightened out.

The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.

Tags: blended family, Estate Planning

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