Estate planning for blended families is not about choosing sides. It is about making deliberate legal decisions that protect everyone you love—because without those decisions, Michigan law will make them for you.
The uncomfortable truth is this: a standard will designed for a traditional nuclear family almost always fails blended families. Verbal promises between spouses carry no legal weight. Stepchildren have no inheritance rights. And a surviving spouse who receives assets outright has no obligation—legal or otherwise—to honor your wishes about what happens next.
Michigan law does not automatically balance the competing interests within blended families. Only a properly structured estate plan can ensure your spouse is financially secure while guaranteeing your children from a previous relationship actually receive their inheritance.
At Boroja, Bernier & Associates, we help blended families throughout Michigan create estate plans that honor all relationships and prevent the family conflicts that too often follow the loss of a loved one. Here’s what you need to know.
Why Standard Wills Fail Blended Families
Michigan’s estate planning laws were designed around traditional family structures. When applied to blended families, they create vulnerabilities that simple wills cannot address.
The Surviving Spouse Problem
Under Michigan law, a surviving spouse has significant rights that can override your stated wishes. MCL 700.2202 grants surviving spouses an “elective share”—the right to claim a portion of the deceased spouse’s estate regardless of what the will says. For blended families, this means your spouse could potentially claim assets you intended for your children from a previous marriage.
More critically, if you leave everything to your spouse with verbal assurances they’ll “take care of your kids,” nothing legally binds them to that promise. Once you pass, your spouse has full control and could change beneficiaries, spend down assets, or leave everything to their own children. Courts cannot enforce promises that were never put in writing.
Unintended Disinheritance
Consider this scenario we see regularly: John remarries after divorce and leaves everything to his new wife, Sarah, trusting she’ll provide for his two children from his first marriage. When John passes, Sarah inherits everything outright. Years later, Sarah remarries or simply decides to leave her estate to her own biological children. John’s children receive nothing—not because John intended that outcome, but because his estate plan didn’t account for these possibilities.
This is not a failure of trust between spouses. It is a failure of legal structure. Even the most well-intentioned surviving spouse faces changing circumstances, new relationships, and competing priorities over time.
Beneficiary Designation Conflicts
Retirement accounts, life insurance policies, and payable-on-death accounts pass directly to named beneficiaries, bypassing your will entirely. Many blended family members forget to update these designations after remarriage, creating situations where an ex-spouse receives retirement benefits while a current spouse and stepchildren receive nothing.
How Trusts Protect Blended Families
Trusts provide the control and flexibility that blended families need—control that wills simply cannot offer. A properly structured trust allows you to provide for your surviving spouse during their lifetime while ensuring your children ultimately receive their inheritance.
Qualified Terminable Interest Property (QTIP) Trusts
A QTIP trust is often the ideal solution for blended families. This trust structure provides your surviving spouse with income from trust assets during their lifetime while preserving the principal for your children. When your spouse passes, the remaining assets transfer to your designated beneficiaries—typically your biological children.
Under MCL 700.7103, Michigan recognizes various trust structures that can be customized to your family’s specific needs. A QTIP trust ensures your spouse is financially comfortable without giving them complete control over assets meant for your children.
The key advantage of a QTIP trust is that it removes the need for your spouse to make decisions about your children’s inheritance. The trust terms you establish—not your spouse’s future choices—control what happens.
Revocable Living Trusts with Specific Provisions
A revocable living trust can include detailed instructions about how assets should be managed and distributed. Unlike a will, which only takes effect after death and probate, a living trust provides immediate, private administration of your wishes.
For blended families, these trusts can specify exactly which assets go to which beneficiaries, establish age requirements for distributions to minor children, and create ongoing trusts for beneficiaries who need protection from creditors or poor financial decisions.
Irrevocable Life Insurance Trusts (ILITs)
Life insurance proceeds can fund trusts that provide for both your spouse and children without giving either party outright ownership. An ILIT removes the life insurance from your taxable estate while ensuring proceeds are managed according to your exact specifications.
For blended families with significant life insurance, an ILIT can be the difference between an orderly wealth transfer and years of family conflict.
Michigan Law Considerations for Blended Families
Understanding how Michigan law treats blended family situations helps you make informed planning decisions—and reveals why proper planning is non-negotiable.
Stepchildren Have No Automatic Inheritance Rights
Under Michigan’s intestate succession laws (MCL 700.2103), stepchildren have no legal right to inherit from a stepparent unless they were legally adopted. If you want your stepchildren to receive anything from your estate, you must explicitly include them in your estate plan.
This rule applies regardless of how long you’ve been in their lives, how close your relationship is, or whether you’ve supported them financially for decades. Without explicit documentation, stepchildren receive nothing.
Conversely, your biological children retain inheritance rights even if you’ve remarried. Without proper planning, this can create unequal treatment between children who grew up together as siblings.
Pretermitted Heir Statutes
Michigan’s pretermitted heir statute (MCL 700.2302) protects children born or adopted after a will is executed, ensuring they’re not accidentally disinherited. However, this protection doesn’t extend to stepchildren and doesn’t address children from prior relationships if they weren’t included in the original will.
The Elective Share Creates Competing Interests
Michigan’s elective share statute gives surviving spouses the right to claim a portion of your estate even if your will says otherwise. For blended families, this creates an inherent tension: assets you intended for your children may be subject to your spouse’s elective share claim.
Proper trust planning can address this tension, but only if the planning happens before it’s needed.
Building a Fair Estate Plan: Practical Strategies
Fairness in blended family estate planning doesn’t always mean equal distribution. Your goal should be creating a plan that reflects your values, honors your relationships, and prevents conflict.
Separate Property for Separate Purposes
Consider maintaining some assets separately from marital property. Life insurance proceeds, inherited assets, and premarital savings can be designated specifically for your biological children without affecting your spouse’s financial security.
This approach requires documentation and consistency. Assets that become commingled with marital property lose their separate character.
Equalizing Without Creating Conflict
If you want to leave your family home to your spouse during their lifetime but ensure your children eventually inherit it, a trust can specify exactly how this works. Your spouse can live in the home for life or until remarriage, after which the property transfers to your children.
This structure—called a life estate or use trust—balances your spouse’s immediate needs against your children’s long-term inheritance.
Transparent Communication
Many blended family conflicts stem from surprises in estate plans. While you’re not legally required to share your planning decisions, having honest conversations with your spouse and adult children about your intentions can prevent resentment and legal challenges later.
Families that discuss estate planning openly during life rarely end up in court after death.
Regular Reviews After Life Changes
Estate plans for blended families require more frequent updates than traditional family plans. Review your documents after any marriage, divorce, birth, death, or significant financial change in your family structure.
A plan that was perfect five years ago may be dangerously outdated today.
Avoiding Common Blended Family Planning Mistakes
In our experience serving Michigan families, these mistakes cause the most problems for blended families.
Relying on Verbal Promises
“My wife promised to take care of my kids” provides zero legal protection. If your spouse’s circumstances change—through remarriage, financial hardship, or simply changing priorities—your children have no legal recourse. Courts cannot enforce promises that were never documented.
Forgetting Beneficiary Designations
Your will doesn’t control retirement accounts, life insurance, or POD accounts. These assets pass directly to named beneficiaries. A comprehensive estate plan includes reviewing and updating all beneficiary designations to ensure they align with your overall plan.
Many people update their wills after remarriage but forget to update their 401(k) beneficiaries. The result: an ex-spouse may inherit retirement assets the deceased clearly intended for someone else.
Assuming State Law Matches Your Wishes
If you die without a valid estate plan, Michigan law—not your intentions—determines who inherits your assets. For blended families, intestate succession rarely produces the outcome anyone would have chosen.
Creating Plans That Breed Resentment
An estate plan that appears to favor one side of the family can destroy relationships between surviving family members. Professional guidance helps you structure plans that accomplish your goals while minimizing potential for conflict.
The goal is not just to distribute assets—it is to preserve family relationships after you’re gone.
Frequently Asked Questions About Estate Planning for Blended Families in Michigan
Can my spouse disinherit my children from a previous marriage in Michigan?
Yes, if you don’t take protective steps. Under Michigan law, if you leave assets outright to your spouse, they gain full control and can distribute their estate however they choose—including leaving nothing to your children. QTIP trusts and similar structures prevent this by preserving assets for your children while still providing for your spouse during their lifetime.
Do stepchildren automatically inherit from stepparents in Michigan?
No. Under MCL 700.2103, stepchildren have no inheritance rights from a stepparent unless they were legally adopted. If you want your stepchildren to inherit anything, you must explicitly name them in your will or trust. Without this step, they receive nothing regardless of how close your relationship was or how long you raised them.
What happens to my estate if I die without a will in Michigan and have a blended family?
Michigan’s intestate succession laws under MCL 700.2102 apply. Your surviving spouse receives the first $150,000 of your intestate estate plus half the balance if you have descendants who are not also descendants of your surviving spouse. Your biological children split the remaining half. Stepchildren receive nothing. This formula rarely matches what blended families actually want.
Can a prenuptial or postnuptial agreement help with estate planning for a blended family?
Absolutely. These agreements can clarify separate versus marital property, waive certain spousal inheritance rights, and establish expectations about estate distribution. When combined with properly structured trusts, marital agreements provide comprehensive protection for blended families. The two documents work together to create certainty.
How often should blended families update their estate plans?
Review your plan annually and after any major life event—remarriage, divorce, birth, death, significant inheritance, or major asset purchase or sale. Blended families face more frequent changes that affect estate planning than traditional families, making regular reviews essential.
What’s the best trust structure for blended families in Michigan?
There’s no one-size-fits-all answer. QTIP trusts work well when you want to provide for a surviving spouse while protecting children’s inheritances. Revocable living trusts offer flexibility and privacy. The right structure depends on your specific family situation, asset mix, and goals—which is why professional guidance matters.
What if my spouse and I disagree about how to structure our estate plan?
Disagreement about estate planning is common in blended families, and it’s better to address it now than to leave unresolved conflict for your heirs. A skilled estate planning attorney can help you find structures that address both spouses’ concerns—often through separate trusts or clearly defined separate property—while ensuring everyone’s interests are protected.
Take the Next Step: Protect Your Blended Family’s Future
Blended families face estate planning challenges that require specialized knowledge and careful attention to detail. The cost of getting it wrong—family conflict, unintended disinheritance, and legal battles—far exceeds the investment in proper planning.
At Boroja, Bernier & Associates, we help Michigan families throughout the state create estate plans that honor all family relationships while providing the legal protections that blended families need. Our attorneys understand that every blended family is unique, and we take the time to understand your specific situation before recommending solutions.
Estate planning for blended families in Michigan typically costs between $2,500 and $5,500 for comprehensive trust-based plans, depending on complexity. This investment protects assets worth far more and prevents conflicts that can cost families tens of thousands in litigation. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we serve blended families across Michigan—from Detroit and Grand Rapids to Traverse City and everywhere in between.
To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Let us help you create a plan that protects everyone you love—today and for generations to come.
