As attorneys serving clients in Troy and Shelby Township, we frequently help families who are navigating the unique challenges of blended households. When couples marry and bring children from previous relationships into the new family structure, estate planning becomes especially important. Without a clear plan in place, Michigan law may distribute assets in ways that don’t reflect your intentions or protect every loved one equally.

Blended families can involve stepparents, stepchildren, half-siblings, and multiple sets of grandparents. These dynamics make it critical to have legal documents that define your wishes in clear, enforceable terms. We’ve seen cases where families were torn apart after the passing of a parent or stepparent—issues that could have been avoided with a proper estate plan. If your family includes children from prior marriages, second spouses, or shared children, your estate plan needs to be tailored accordingly.

How Michigan Law Handles Inheritance Without A Will

Under Michigan law, if someone dies without a valid will, their estate is distributed according to the rules of intestate succession, found in Michigan Compiled Laws § 700.2102. For blended families, this often leads to unintended outcomes. For example, a surviving spouse may receive only part of the estate, while the rest is split among biological children. Stepchildren—unless legally adopted—do not inherit under intestacy laws unless explicitly named in a will or trust.

This can create conflict and confusion. The surviving spouse may lose control over the home, children may feel left out, and legal disputes can follow. That’s why we stress the importance of planning in advance.

Creating A Fair And Balanced Estate Plan

When we work with blended families, fairness is always a top priority. Every situation is different, but here are some of the tools we use to help you protect your intentions and maintain family harmony:

• Wills – A will allows you to name beneficiaries and ensure each child—biological or step—is accounted for according to your wishes.
• Trusts – A revocable living trust can help avoid probate and allow you to manage how and when each beneficiary receives their share. For blended families, a trust can ensure that the surviving spouse is provided for during their lifetime while preserving the remainder for children from a previous relationship.
• Marital Trusts or QTIP Trusts – These are especially useful if you want to provide for your spouse while preserving assets for your children from a prior marriage. With a QTIP trust, your spouse receives income during their lifetime, and the remaining assets pass to your children when your spouse passes away.
• Beneficiary Designations – Life insurance policies, retirement accounts, and other financial tools allow you to name beneficiaries directly. We review these to ensure they align with your overall estate plan.
• Prenuptial or Postnuptial Agreements – These documents can clarify property rights between spouses, especially in second marriages. They can help avoid misunderstandings and provide structure for asset distribution.

Avoiding Family Conflict Through Communication And Planning

One of the most important things you can do as part of your estate plan is to communicate openly with your loved ones. Let your children know your intentions and explain the reasoning behind your decisions. When families are caught by surprise, it increases the risk of conflict.

We also recommend updating your estate plan after any major life event—marriage, divorce, birth of a child, or purchase of a new home. These updates ensure your documents reflect your current family structure and intentions.

Legal Ramifications Of Poor Planning

Without clear estate planning documents, the probate court may appoint a personal representative who has no understanding of your wishes. There may also be delays in distributing assets, increased legal costs, and tax consequences that could have been avoided.

If a will is challenged in probate court under MCL § 700.2502, the process becomes even more stressful for the family. By planning ahead, you reduce the chance of disputes and give your loved ones peace of mind.

Frequently Asked Questions About Blended Families And Estate Planning In Michigan

What Happens If I Die Without Including My Stepchildren In My Will?

If you do not legally adopt your stepchildren or specifically name them in your will or trust, they will not inherit under Michigan intestate laws. To make sure they are treated fairly, you must include them as beneficiaries in your estate planning documents.

Can I Leave Everything To My Spouse And Trust Them To Divide It Later?

You can, but this approach carries risk. Once your assets pass to your spouse, they are legally in control of those assets and can change their will or trust. There is no legal obligation for your spouse to leave anything to your children from a previous relationship unless it is clearly stated in your estate plan.

How Do I Protect My Children From A Prior Marriage While Still Providing For My Current Spouse?

A common approach is to use a revocable living trust or a QTIP trust. This allows your current spouse to receive support during their lifetime, with the remaining assets passing to your children after your spouse’s death. These tools create a balance between both sets of loved ones.

Can My Biological Children Challenge My Estate Plan If They Feel Left Out?

Yes, they can attempt to contest your will or trust in probate court. However, with proper drafting and legal support, we can make it more difficult for them to succeed. Including a clear statement of intent and ensuring your documents meet all legal requirements under MCL § 700.2502 and MCL § 700.2503 helps protect your wishes.

Is It Necessary To Set Up A Trust For A Blended Family?

While not required, a trust is often recommended. It allows more control over the distribution of your assets, helps avoid probate, and reduces the chances of disputes between your surviving spouse and children. A trust also allows you to outline specific terms for different beneficiaries, which is especially helpful in blended family situations.

How Often Should I Update My Estate Plan In A Blended Family?

We recommend reviewing your estate plan every three to five years, or sooner if you experience a major life event such as marriage, divorce, the birth of a child, or the acquisition of significant assets. Keeping your plan current ensures it continues to reflect your goals and family relationships.

Call Boroja, Bernier & Associates To Protect Your Family’s Future

At Boroja, Bernier & Associates, we help blended families across Oakland County and Macomb County build thoughtful, legally sound estate plans. Whether you’re newly remarried or raising children from prior relationships, we’ll help you create a plan that promotes fairness, avoids conflict, and honors your wishes.

Contact our Michigan estate plan attorneys at Boroja, Bernier & Associates by calling 586-991-7611 to schedule an estate planning consultation. We’ll walk you through your options and make sure your estate plan fits your family’s unique needs.