Estate Planning for Blended Families

In Maryland, stepchildren are not considered legal heirs unless you’ve formally adopted them. If you pass away without a will (intestate), your estate will be distributed according to Maryland’s intestacy laws—which prioritize biological and legally adopted children, not stepchildren, and may not distribute assets the way you intended.

For example, if you are remarried and have children from a previous relationship, your surviving spouse is entitled to a portion of your estate—and your children will share the rest. However, this can leave stepchildren with nothing, and your surviving spouse with the ability to redirect inherited assets, potentially bypassing your biological children altogether.

Creating a will or trust is the only way to ensure your specific wishes are honored and all your children—biological, adopted, or step—are included as you intend.

One of the most effective tools in this situation is a QTIP trust (Qualified Terminable Interest Property trust). It allows you to:

• Provide income and support to your surviving spouse during their lifetime
• Protect the principal of your estate so it passes to your children after your spouse’s death

This strategy is especially useful if you’re concerned about remarriage, stepfamily dynamics, or the possibility that your spouse may unintentionally or intentionally exclude your children after you’re gone.

With a QTIP trust, you retain control over where your assets go—both immediately and in the long term.

This is extremely common in second or blended marriages, and it requires deliberate planning. Maryland law does not combine blended families by default—you must specifically name your spouse’s children in your estate documents if you want them to inherit.

We help couples create separate or joint trusts, update beneficiary designations, and use custom distribution plans that reflect both partners’ priorities. This might include:

• Leaving separate assets to your biological children
• Establishing shared assets for joint use during life
• Ensuring clear documentation to avoid disputes between step-siblings or co-trustees

Without proper planning, inheritance conflicts are one of the most common sources of family litigation in blended families.

Yes, in Maryland, you have the legal right to distribute your estate as you see fit, including leaving unequal shares to your children, or even disinheriting someone entirely—though it must be done carefully and clearly.

In blended families, unequal distribution might reflect:

• A child’s greater financial need
• Previous financial gifts or education funding
• A strained or estranged relationship
• Complexities around stepchildren or remarried parents

We guide clients through how to communicate these decisions clearly in their estate planning documents—and often recommend including letters of explanation or using trusts to protect sensitive situations.

Clear planning reduces the risk of will contests and helps loved ones understand your choices.

Assets from a prior marriage—such as real estate, retirement accounts, or business interests—can complicate a new estate plan. Some may be tied up in divorce settlements or still co-owned with an ex-spouse. Others may have beneficiary designations that override your will or trust.

We perform a full asset review and help clients:

• Update titles and beneficiary forms
• Incorporate divorce-related agreements into the estate plan
• Coordinate planning with QDROs, life insurance, or alimony obligations
• Ensure joint accounts or property don’t unintentionally override your estate plan

Your documents are only part of the plan—ownership structures and beneficiary designations must match your intentions.