Estate Planning for Blended Families in Massachusetts
Families across Massachusetts are increasingly diverse. Many include children from prior marriages, stepchildren, and second spouses. As estate planning attorneys serving Gloucester, Rockport, Manchester By The Sea, Beverly, and all of the North Shore and Essex County, we see firsthand how Massachusetts law affects blended families. While love brings people together, state inheritance rules can unintentionally cause friction, financial hardship, or unfair outcomes if proper planning is not done. Estate planning for blended families is not only about distributing assets—it is about protecting relationships, honoring intentions, and complying with the Massachusetts Uniform Probate Code and other relevant statutes.
When we help families plan, our goal is to reduce uncertainty. Without a valid estate plan, Massachusetts law determines who inherits under M.G.L. c.190B, Article II, and those results can surprise surviving spouses and children. We explain below how thoughtful planning with wills, trusts, and beneficiary designations allows blended families to protect everyone they love while minimizing conflict.
Understanding How Massachusetts Law Handles Blended Families
Under M.G.L. c.190B §2-102, a surviving spouse’s share depends on whether the decedent has descendants from prior relationships. For example, if you die leaving a spouse and children from another marriage, your spouse does not automatically receive your entire estate. Instead, the spouse is entitled to the first $100,000 plus half of the remaining estate, with the rest going to your children from the earlier relationship.
These default laws can leave a surviving spouse financially insecure or, conversely, may exclude stepchildren entirely. That’s why customized estate planning documents—especially wills and trusts—are vital. They allow you to distribute assets as you wish, rather than by statutory formula.
Wills For Blended Families Under Massachusetts Law
A will remains the foundation of most estate plans. Under M.G.L. c.190B §2-502, a valid will must be in writing, signed by the testator, and witnessed by at least two individuals. For blended families, the key is clarity. The will should specify exactly who receives what, including any stepchildren or children from previous marriages.
Without clear instructions, your spouse’s children from a prior marriage may inherit nothing. Stepchildren are not automatically considered “descendants” under Massachusetts law. By naming each beneficiary explicitly, you can ensure fairness and reduce the risk of disputes.
We also recommend including a “no-contest” clause under M.G.L. c.190B §2-517 to discourage challenges, which are more common when there are multiple family branches.
Using Revocable Trusts To Protect Both Spouse And Children
Revocable living trusts, authorized under M.G.L. c.203E (the Massachusetts Uniform Trust Code), are essential for blended families. A revocable trust allows you to retain control of your assets during life and determine how they are distributed after death—without probate.
We often design trusts that provide income or housing for a surviving spouse during their lifetime while ensuring that the remaining assets eventually pass to the decedent’s children. This is sometimes called a Qualified Terminable Interest Property (QTIP) trust, permitted under both federal tax law and Massachusetts trust law. It balances support for the current spouse with inheritance protection for children from previous relationships.
Irrevocable Trusts And Long-Term Asset Protection
Irrevocable trusts can also be valuable tools for blended families seeking to protect assets from potential creditors or long-term care expenses. Once established, these trusts generally cannot be changed, which creates a secure framework for preserving wealth for children. Under M.G.L. c.203E §602, an irrevocable trust removes ownership from your estate, reducing exposure to taxes and probate disputes.
For example, a parent may place a life insurance policy into an Irrevocable Life Insurance Trust (ILIT) so that the proceeds are distributed directly to children from a prior marriage, separate from marital property. Early planning is crucial, especially where Medicaid eligibility may later become an issue.
Beneficiary Designations And Retirement Accounts
Many blended families overlook how beneficiary designations on life insurance policies, IRAs, or retirement plans can override a will or trust. Under federal ERISA rules, a surviving spouse may automatically be entitled to a portion of qualified retirement accounts unless they sign a waiver. We encourage all clients to coordinate designations carefully with their overall plan to prevent unintentional disinheritance.
In Massachusetts, retirement assets often represent the bulk of a person’s estate. By naming a trust as the beneficiary—especially a retirement trust—you can control distributions and ensure long-term protection for both spouse and children.
Guardianship And Minor Children In Blended Families
If you have minor children from different relationships, naming guardians is critical. Under M.G.L. c.190B §5-202, you can designate a guardian in your will. Without this provision, the Probate and Family Court decides who will raise your children, and the court’s choice may not align with your wishes.
We encourage parents in blended families to discuss guardianship openly with both biological and step-parents to avoid conflicts later.
Planning For Real Estate Ownership
In Massachusetts, real estate often becomes the most emotionally charged issue after death. Many spouses own property jointly as tenants by the entirety, which automatically transfers ownership to the surviving spouse. However, for blended families, that may unintentionally disinherit children from the first marriage.
An alternative is to hold property as tenants in common, allowing each spouse’s share to pass according to their will or trust. This ensures that both the surviving spouse and children retain equitable rights.
Avoiding Probate Disputes
Probate litigation among blended family members can be costly and divisive. By using trusts, updated wills, and clear beneficiary designations, you minimize opportunities for conflict. Under M.G.L. c.190B §3-601, personal representatives must notify interested parties, which can create friction in blended families. Avoiding probate entirely through trust planning often prevents these disputes before they start.
We also recommend including communication letters explaining your intentions to family members, which can reduce resentment and misunderstandings.
Updating Your Estate Plan After Marriage Or Divorce
Massachusetts law automatically revokes certain provisions in your will or trust after divorce, as outlined in M.G.L. c.190B §2-804. However, remarriage does not automatically update your documents. If you marry again, you must revise your estate plan to include your new spouse and stepchildren where appropriate.
Periodic reviews—ideally every three to five years—ensure that your plan remains compliant and reflects your current family structure.
Coordinating Life Insurance And Prenuptial Agreements
Prenuptial or postnuptial agreements can play a vital role in blended family planning. Under Massachusetts case law, properly executed marital agreements are enforceable if they meet disclosure and fairness requirements. Life insurance can be used to fulfill financial promises made in these agreements, such as providing for a spouse while preserving inheritance for children.
By aligning legal documents with financial arrangements, families can protect both emotional and economic stability.
How We Help Families Create Peace Of Mind
At The Sullivan Firm P.C., we take the time to understand your family’s dynamics and financial priorities. Whether you are remarried, raising stepchildren, or supporting multiple generations, we create estate plans that honor your intentions and comply fully with Massachusetts law. A well-drafted estate plan ensures fairness, reduces conflict, and strengthens family unity.
Frequently Asked Questions About Estate Planning For Blended Families In Massachusetts
How Does Massachusetts Law Divide Assets Between A Spouse And Children From A Prior Marriage?
Under M.G.L. c.190B §2-102, a surviving spouse receives the first $100,000 of the estate plus half of the remaining balance when the deceased leaves descendants from another relationship. The rest passes directly to those descendants. A properly drafted will or trust can modify this outcome and ensure fair treatment of all beneficiaries.
Are Stepchildren Automatically Entitled To Inherit In Massachusetts?
No. Stepchildren are not recognized as heirs under Massachusetts intestacy law unless legally adopted. To include them, you must name them specifically in your will or trust. Many parents in blended families choose to create trusts that provide for both biological and stepchildren equally.
Can A Spouse Be Disinherited In Massachusetts?
Not entirely. Under M.G.L. c.191 §15, a surviving spouse may claim an elective share of the estate even if excluded from the will. However, strategic use of trusts and prenuptial agreements can limit exposure and clarify intentions.
How Can A Trust Protect Both My Spouse And My Children?
A revocable or QTIP trust allows income or property use for your spouse’s lifetime, while ensuring that remaining assets pass to your children later. This structure provides financial stability for the surviving spouse without disinheriting the next generation.
What Happens To My Estate Plan If I Remarry?
Remarriage does not automatically update your estate plan. You must revise wills, trusts, and beneficiary designations to include your new spouse. Otherwise, Massachusetts intestacy laws may apply, leading to unintended distributions.
Should We Create Separate Or Joint Trusts As A Blended Family?
It depends on your goals. Separate trusts allow each spouse to control their own assets and ensure they pass to their chosen beneficiaries. Joint trusts simplify administration but may blur ownership lines. We often recommend separate trusts for blended families to maintain flexibility and fairness.
What If My Children And Spouse Do Not Get Along?
Unfortunately, this is common. A trust can help by appointing an independent trustee to manage and distribute assets objectively. Clear instructions and communication letters can also reduce tension.
Can Life Insurance Be Used To Balance Inheritances?
Yes. Many clients purchase or maintain life insurance to provide for a surviving spouse while leaving other assets to children. This approach is particularly effective when property or businesses are difficult to divide.
How Often Should I Review My Estate Plan?
Every three to five years, or whenever a major life event occurs—marriage, divorce, birth of a child, purchase of property, or change in financial status. Massachusetts law evolves, and regular reviews ensure continued validity.
What Happens If I Do Nothing?
If you pass away without an estate plan, Massachusetts intestacy laws dictate distributions. Your spouse and biological children will share your assets according to statutory formulas, and stepchildren will be excluded. This often results in family disputes and court involvement.
Call The Sullivan Firm P.C. Today
At The Sullivan Firm P.C., we help blended families across Gloucester, Rockport, Manchester By The Sea, Beverly, and all of Essex County design estate plans that protect everyone they love. We use Massachusetts wills, trusts, and legal planning tools to ensure fair, tax-efficient outcomes and lasting peace of mind.
Call The Sullivan Firm P.C. today at 978-325-2721 for a free consultation. Our Gloucester office proudly serves the entire North Shore of Massachusetts, providing thoughtful estate planning solutions tailored to your family’s needs.
