When a person with children from a previous relationship remarries, they create a blended family. Crafting a solid estate plan for a blended family in Arizona involves important legal considerations related to remarriage and stepchildren. For many people, the process starts by writing or re-examining their last will and testament.

A will is the foundation of a comprehensive estate plan. It allows you to specify how you want your assets distributed after you pass away, reducing confusion and the likelihood of disputes among beneficiaries. However, a valid will must comply with state law. If your family circumstances have changed, you need to learn the rules involving wills for blended families in Arizona.

The experienced estate planning attorneys at Pennington Law, PLLC can review your family situation and draft or rewrite a will that creates the legacy you intend for your loved ones. Contact us today for a free consultation.

Unique Challenges of Writing a Will for Blended Families

After a remarriage, couples with stepchildren often wish to revise existing wills to incorporate the members of their blended family in their inheritance arrangements. First, they may want to remove their ex from the will and add their new spouse as a beneficiary. However, they may also want to ensure a significant portion of the family wealth goes to the children from the previous marriage.

Furthermore, as time passes, spouses may develop close emotional bonds with their stepchildren and want to include them in their estate plans. Finally, when couples who remarry have children together, they may face challenging emotional questions about how to divide wealth fairly among their children from prior relationships, stepchildren, and children from the current marriage.

Understanding Arizona Inheritance Laws

Under Arizona’s inheritance laws, what happens to a deceased spouse’s property in a second or subsequent marriage will depend on community property rules and intestate succession laws if there is no valid will.

Community Property vs. Separate Property

Arizona is a community property state. That means any property acquired during a marriage is considered jointly owned. Property owned before marriage (including gifts and inheritances received during the marriage) is generally considered separate property, with some exceptions.

Intestate Succession

Intestate succession laws apply when the deceased spouse left behind no valid will. When a person dies without a will, Arizona law directs asset distribution based on whether the assets were community property or separate property.

  • Surviving spouse of second or subsequent marriage – Automatically owns one-half of all community property. A surviving spouse can only inherit the decedent’s share of community property if they had no surviving descendants, all of the decedent’s descendants are also descendants of the surviving spouse, or if the spouses held assets as community property with right of survivorship. For separate property, the surviving spouse generally inherits one-half if the decedent has descendants not also descendants of the surviving spouse.

Any intestate property not passing to a surviving spouse goes to the deceased spouse’s family members in the following order of priority:

  • The decedent’s children, or if their children have passed away, any surviving grandchildren
  • The decedent’s surviving parent(s), if there are no surviving descendants
  • Siblings or their descendants (if the parents had no surviving descendants or parents)
  • Surviving grandparents or their descendants (split 50/50 among surviving paternal and maternal sides)

An individual can write and sign a will to distribute their estate assets in any manner they choose.

Do Stepchildren Have Inheritance Rights in Arizona?

Arizona inheritance laws exclude stepchildren from the definition of a “child.” However, a stepchild can become a parent’s child for inheritance purposes if the parent legally adopts them. As a result, stepchildren may not automatically inherit from a stepparent’s estate unless they are specifically mentioned in the stepparent’s will.

Alternatively, a spouse in a blended family may establish a qualified terminable interest property (QTIP) trust. A QTIP trust is a type of irrevocable trust that allows a spouse to provide financial support for their surviving spouse while controlling the eventual distribution of their estate after their surviving spouse’s death. With a QTIP trust, a spouse can allow their surviving spouse to continue enjoying the benefits of their estate until that spouse’s death, and then pass their estate to designated beneficiaries, including both biological/adopted children and non-adopted stepchildren, if they are named in the trust.

Ways to Divide Assets in a Blended Family

When you have a blended family, you have several options for dividing your assets:

  • Writing a will – A will enables you to direct the disposition of your estate to family members of your choosing.
  • Creating a marital trust – With a marital trust, you can pass your estate to your spouse while carving out a portion to leave to your children.
  • Creating a QTIP trust – A QTIP trust allows your spouse to enjoy the benefits of your estate during their life, while you get to direct the disposition of your estate after your spouse’s passing.
  • Creating a family trust – Family trusts (revocable living trusts) allow you to designate portions of your estate for your spouse and your biological children, while empowering your spouse to determine what happens to other portions of your estate according to the terms in the trust agreement.

How to Write a Will for a Blended Family

Creating wills for blended families requires open communication between both spouses and families to avoid misunderstandings, erroneous expectations, or raw feelings. Close cooperation between spouses during estate planning can help a couple create an estate plan that meets their individual objectives and provides for the blended family’s future.

The steps of writing a will for a blended family in Arizona include:

  1. Identify your estate – First, you should make an inventory of the assets you own if you wish to make specific bequests. Alternatively, you can leave shares of your estate to particular beneficiaries.
  2. Designate your heirs – You must decide who you want to inherit from your estate and what you want to leave them.
  3. Choose a personal representative – You can appoint someone to serve as the executor of your estate, who is responsible for managing the estate administration process.
  4. Draft the will – You must put your will in writing, either physically or electronically.
  5. Sign the will – You must sign the will (or have someone sign it at your direction and in your conscious presence) and have at least two other people sign it within a reasonable time after you sign it or acknowledge your signature. Having it notarized turns it into a self-proving will, which can make the probate process easier.

Choosing the Right Will for Your Blended Family

Estate planning is a personal process, and your will is the first step you can take to reflect your wishes for your blended family. Will options for blended families include:

  • Leaving the estate to your spouse – You may decide to leave your entire estate to your spouse. However, that risks empowering your spouse to potentially disinherit your children from your previous relationship(s).
  • Making specific bequests to family members – You can designate which of your family members in your blended family — your spouse, your children, or your stepchildren — will inherit from your estate.
  • Creating a testamentary trust – You can leave your estate to a testamentary trust that can manage your assets and distribute income or property to beneficiaries you designate.

Talk to an Arizona Estate Planning Attorney for Blended Families

When you have a blended family, it’s natural to want to ensure that everyone you care about is treated fairly and included in your estate plan. Complex family dynamics that arise from remarriages can raise critical legal questions that you can begin to resolve by examining your will. At Pennington Law, PLLC, our skilled estate planning attorneys are here to make the process as seamless as possible. Contact us today for a free consultation.