Loving a new spouse and protecting your children from a first marriage should never feel like competing goals. Yet many parents in blended families worry that one will come at the expense of the other. That worry is well founded. Without a clear plan, the law may divide your estate in ways you never intended, and your children may be left out. An estate lawyer in Northern Virginia can help you build a plan that provides for both.
How an Estate Lawyer Helps Blended Families
In more than 40 years of serving Northern Virginia families, MMG Law has seen how quickly good intentions go astray. Families often arrive at our Fairfax office worried they will hurt someone no matter what they choose. That concern is natural, and an estate lawyer in Northern Virginia can help you resolve it. We start by learning who matters to you and what you want each person to receive. Then we build a plan that cares for your spouse and secures your children’s inheritance. Often that means a revocable trust that supports your spouse during life and passes the remainder to your children. For families facing remarriage, this gives everyone clarity and leaves no one guessing about your wishes.
Does a Spouse Automatically Inherit Everything if There Are Children From a Previous Marriage?
No, not automatically. Under state law, a surviving spouse inherits everything only when all of the children are shared. If even one child is from a prior relationship, the spouse receives one-third and the children share two-thirds.
A will can change that outcome, but a simple will leaving everything to your spouse creates a different problem. Once the assets belong to your spouse, they can leave them to anyone, including people other than your children.
Virginia also gives a surviving spouse the right to claim an elective share equal to half of the marital portion of your estate. That right can override a will or trust. A postnuptial agreement can address it, so your plan holds as you wrote it. An estate lawyer in Northern Virginia can match these rules to your family and your assets.
Consult With An Estate Lawyer in Northern Virginia Today
With more than 40 years of experience serving Northern Virginia families, MMG Law helps clients protect their spouse and children in a blended family. We’ve also earned recognition from Best Lawyers in America® and Super Lawyers. Our estate planning attorneys in Fairfax take the time to understand your family’s unique circumstances and recommend solutions specific to your goals.
Whether you plan to remarry, already live in a blended family, or need to update an old plan, we can guide you. We are here to help you make informed decisions with confidence. Call MMG Law at (703) 828-8400 to schedule a consultation today and build a plan that protects your spouse and your children.