Estate planning is a critical process for all families, but it becomes especially complex for blended families. These families—formed when one or both spouses have children from previous relationships—face unique legal and emotional challenges when it comes to distributing assets and protecting loved ones.
Second marriages often involve differing financial obligations, responsibilities to children from prior relationships, and newly acquired shared assets. Without a carefully structured estate plan, Ohio’s default laws may not reflect your family’s wishes, potentially leading to unintended consequences, disputes, or even litigation.
Common Pitfalls and Challenges
Blended families in Ohio frequently encounter these estate planning missteps:
- Not Updating Estate Documents: Failing to revise wills, trusts, and beneficiary designations after a remarriage may result in assets passing to an ex-spouse or only to children from the current marriage.
- Overlooking Children from Prior Marriages: Without specific instructions, children from previous relationships may be unintentionally disinherited—especially if everything is left to the surviving spouse.
- Assuming Stepchildren Are Covered: Stepchildren have no inheritance rights under Ohio law unless legally adopted.
- Ignoring Spousal Rights: Misunderstanding Ohio’s spousal rights, such as the elective share, can undermine the intended distribution of assets.
- Mismatched Beneficiary Designations: Outdated or inconsistent beneficiary designations on life insurance or retirement accounts can override the terms of a will or trust.
Avoiding these pitfalls requires proactive planning, open communication, and regular reviews of estate documents and financial accounts.
What Happens Without a Plan: Ohio’s Intestate Succession
If a person dies without a valid will in Ohio, their estate is distributed under intestate succession laws (R.C. 2105.06). These laws prioritize surviving spouses and biological or adopted children. However, the distribution varies based on family structure.
For example, if the deceased is survived by a spouse and children from a prior relationship, the surviving spouse does not automatically inherit everything. Instead, assets are split between the spouse and children, with the specific share determined by whether all children are also children of the surviving spouse.
This formula can become complicated quickly—especially in blended families—often leading to confusion, delays, and family tension.
Children from Prior Marriages: What You Need to Know
1. Risk of Disinheritance
Without clear legal instructions, children from a prior marriage may receive nothing—especially if the surviving spouse inherits everything and later leaves assets to their own children.
Trusts or direct bequests in a will can protect the rights of children from prior relationships, ensuring they receive a portion of the estate regardless of what happens after your passing.
You can also leave lifetime benefits to your surviving spouse and designate remaining assets to go to your children later, using tools like QTIP trusts or remainder trusts.
2. Stepchildren Have No Automatic Rights
Unless they’ve been legally adopted, stepchildren are not heirs under Ohio law. A common assumption is that stepchildren will inherit equally—but unless you explicitly include them in your estate plan, they will not.
That said, estate planning gives you the power to treat all your children—biological, adopted, or step—as you wish. You can also disinherit a child, but doing so should be clearly documented to reduce the risk of legal challenges.
Spousal Rights in Second Marriages
Elective Share
In Ohio, a surviving spouse has the right to claim an elective share of the estate—even if the will says otherwise. That share is typically:
- One-third of the estate if there are surviving children
- One-half of the estate if there are no children
This right can be waived through a valid prenuptial or postnuptial agreement.
Additional Spousal Protections
Surviving spouses may also receive:
- A family allowance
- The right to remain in the family residence for a time
- Exempt property allowances
These protections are designed to prevent spouses from being left destitute—but they can reduce what remains for children from prior marriages.
Tools for Planning Ahead
Prenuptial and Postnuptial Agreements
These agreements can clarify financial rights and inheritance expectations, waive elective share rights, and define separate property. They are enforceable if entered into voluntarily, with full disclosure, and signed well in advance of the marriage—not the day of.
They are especially useful for protecting assets intended for children from prior relationships.
Life Insurance
Life insurance is a great way to provide for children or a spouse without involving probate. By naming a beneficiary, the proceeds go directly to the person—bypassing spousal claims and court supervision.
It also allows you to maintain balance. For example, if most of your estate goes to your spouse, a life insurance policy can ensure your children still receive something meaningful.
What Should Blended Families Do Next?
1. Review Beneficiaries Regularly
Accounts like IRAs, life insurance, and payable-on-death (POD) accounts pass outside probate. Make sure your beneficiary designations reflect your current wishes—especially after marriage, divorce, or birth of a child.
2. Coordinate Everything
Your will, trust, beneficiary designations, and marital agreements should all work together. A single outdated account can derail an otherwise perfect estate plan.
Regular reviews with an experienced attorney ensure your plan reflects your family’s structure, values, and intentions.
Conclusion and Recommendations
Estate planning for blended families in Ohio is more than just filling out forms. It’s about honoring relationships, preventing misunderstandings, and making sure your wishes are upheld.
By understanding Ohio law and using the right tools—such as trusts, prenuptial agreements, and life insurance—you can create a plan that protects your spouse and your children, no matter their biological or legal relationship to you.
Avoiding the default laws isn’t about mistrust—it’s about taking control. And with the right guidance, you can leave a legacy that brings peace instead of conflict.
In a blended family? Don’t leave your legacy to chance. Let us help you build an estate plan that truly reflects your family and protects everyone you love.
