Preventing Illinois Inheritance Disputes in Blended Families

 Posted on August 15, 2025 in Estate Planning

Approximately 40 percent of the families across the United States are considered "blended" families. This means that one or both spouses have children from prior relationships. While blended families can be a blessing, they can also lead to complex inheritance issues. Mixing children from previous marriages and new spouses can lead to an emotionally charged situation when the subject of estate planning arises.

Unfortunately, disputes can strain or even destroy family relationships. Proactive estate planning is crucial for avoiding these disputes. Several practical steps can be taken to ensure your estate is distributed according to your wishes. Speaking to a Lisle, IL estate planning attorney about inheritance issues in a blended family can help ensure your loved ones will be able to grieve without family disagreements in the event of your passing.

Why Blended Families Bring Unique Inheritance Challenges

Blended families face unique inheritance challenges thanks to varied financial situations, complex relationships, and different expectations between biological children and stepchildren. Providing for a current spouse while also ensuring children from previous relationships are taken care of can be a balancing act.  

If there is no will, inheritance issues become even more difficult, as Illinois intestacy laws will determine the distribution of assets. Unlike biological children, stepchildren do not automatically have inheritance rights. Relying on state default rules will rarely meet the goals of a blended family, so having a clear estate plan is essential.

What Are Common Dispute Triggers Among Blended Families?

When estate planning documents are not crystal clear, any ambiguity can lead to disputes. Many people fail to update their estate planning documents following remarriage or the birth of new children, which can lead to problems when an individual passes away. If an estate plan exists, there may be a real or perceived belief among children and stepchildren that favoritism or unequal treatment is present.  

What Are Some Ways to Avoid Inheritance Disputes Among Blended Families?

There are many ways that inheritance disputes among blended families can be avoided, including:

Comprehensive Wills and Trusts in an Estate Plan

While a will can outline the distribution of assets, a revocable living trust may provide more control over asset distribution, especially in situations involving significant assets or complex family dynamics.  A marital trust or Qualified Terminable Interest Property Trust (see 2023 Fact Sheet) will allow the surviving spouse to benefit from assets during his or her lifetime, with the remainder going to the deceased spouse’s children after the surviving spouse’s death.

Remembering to Update Beneficiary Designations

Beneficiary designations on investment accounts, retirement accounts, and life insurance accounts should reflect current wishes and align with the overall estate plan. These are often overlooked and can cause disputes following a death, with different family members having different opinions on what the decedent "would have wanted."

Lifetime Gifting

Those with significant assets can take advantage of gifting assets to children during their lifetime. This can reduce the size of a taxable estate while potentially avoiding future disputes following a family member's death.

Prenuptial and Postnuptial Agreements

These agreements can clarify how assets will be handled during the marriage and after the death of a spouse. Disputes between spouses and their children from previous relationships can potentially be prevented through the use of pre- or post-nuptial agreements.  

Contact a DuPage County, IL Estate Planning Lawyer

A well-crafted estate plan not only distributes assets but also protects family relationships and prevents conflict. If you are a part of a blended family, consulting with a Naperville, IL trust attorney from The McCormick Law Firm, LLC can be beneficial. You will work directly with Attorney McCormick, who believes in giving back to the community and supports first responders, veterans, and military families by offering discounts. To schedule your free consultation, call 630-517-8570.