What Are Non-Traditional Families?

Estate planning is crucial for families but can be complex for non-traditional families. These families don’t fit the description of a nuclear family comprising a father, a mother, and their biological children. Non-traditional families have become common in the United States due to changes in socio-economic conditions.

Attorneys from a law firm in Michigan highlight the following types of such families:

  • Step or blended families
  • Single-parent families
  • Grandparent families
  • Same-sex families
  • Cohabiting couples
  • Families comprising adopted or foster children

The diversity of parents, children, new spouses, stepchildren, or multiple relationships can create distinct estate planning challenges for non-traditional families. It’s critical to consult extensively with Bloomfield Hills estate planning lawyers to create a detailed plan accommodating all family members.

What Challenges Do Non-Traditional Families Experience in Estate Planning?

While estate planning for non-traditional families is not inherently different, it can be complex because of the multiple people involved. You must determine how each family member will be catered for, especially children from other marriages. Choosing guardians for minor children can also be challenging.

If you’re married and have children from other relationships, you may not leave all your assets to your spouse, as it is common practice among many families. You must take special care when dividing your estate and funds. For example, you could establish a Trust to ensure each child receives their inheritance if you die before your spouse.

How Can a Non-Traditional Family Navigate Estate Planning Effectively?

Estate planning attorneys in Bloomfield Hills say that your non-traditional family, just like a traditional one, can enjoy the pros of planning for the future within a legal framework. However, you need to make special considerations to achieve the most out of the process. Here are some guiding factors:

Legal Recognition of Relationships

Without legally defining your relationship, your spouse and children from other relationships risk missing out on their inheritance. They may also not make healthcare decisions. Seek the help of experienced legal experts to help you tailor a definition based on your circumstances. Understanding current state laws is the foundation of creating an estate plan to protect all members.

Additionally, you must anticipate new legal changes that might affect your loved ones’ rights to inherit from you. Staying informed can help ensure that your estate plan reflects your true intentions to secure the rights of your loved ones. Your legal documents should reflect your current marital status.

Protect Your Children

If you have adopted children or children from a previous marriage, you must ensure you protect them all by making provisions for their inheritance. If you’re a same-sex couple with children, you must ensure that both partners have legal parental rights. In some cases, this may require second-parent adoption.

Kendal Law Group, estate planning lawyers in Bloomfield Hills recommend the following strategies to protect your loved ones:

  • Beneficiary designations: Consider naming your beneficiaries for financial accounts and insurance policies. These designations override Wills and can hardly be contested, minimizing conflict among household members. Remember to update the designation to reflect your changing circumstances.
  • Guardianship for children: You can appoint guardians for your minor children if you have a blended family. Clear guardianship preferences can prevent disputes while prioritizing your children’s best interests. Pay attention to unique child needs and relationships.

Give Your Partner Rights

Familiarize yourself with the laws that empower spouses and govern property distribution in the event of death. Intestacy rules provide that your property will pass to your spouse and children or parents if you die without a spouse or children.

However, the law may not protect adopted children or unmarried partners. Kendal Law Group can help you utilize the necessary estate planning tools and documents to determine who should receive your property after your demise.

Draft a Prenuptial Agreement

If you’re entering into a second or subsequent marriage, ensure you talk with your spouse about what you have in mind about financial support for one another and the children from your previous marriages. Put your agreement in legally enforceable writing to avoid misunderstandings or differing memories of what you agreed to.

If you have already gotten married without a prenuptial agreement, you can create a postnuptial contract defining how you would want to protect your assets after your demise. Both contracts can be modified if circumstances change.

Create a Comprehensive Estate Plan

One way to protect your non-traditional family’s future after your demise is to create a comprehensive estate plan that addresses various needs. With the help of experienced Bloomfield Hill estate planning lawyers, you create the following well-detailed documents:

  • Wills and Trusts that clearly define who you consider your family and how you want your assets divided
  • Powers of attorney to designate who can make decisions on your behalf if you become incapacitated
  • Domestic partnership agreements to provide the protections a marriage automatically confers, such as handling jointly owned property if you’re cohabiting with your partner
  • Advanced healthcare directives, also known as Living Wills, stipulate your wishes for end-of-life care, minimizing disputes among family members about what is best for you.

A Skilled Estate Planning Lawyer Helping You Navigate Estate Planning for Non-Traditional Families

It can be complex to create an estate plan that addresses the needs of all your family members within a non-traditional family setting. Nonetheless, the law recognizes the existence of such families and has provisions to help you protect your wealth and loved ones to a great extent.

With the help of experienced Bloomfield Hills estate planning attorneys at the Kendal Law Group, P.C., you can draft an all-encompassing estate plan to safeguard your wishes. Our reputable law firm has provided legal counsel for many years to help clients get peace of mind by planning for their future. Call us at 248-609-1718 for a FREE case strategy session to ensure you get the right plan for your and your family’s needs.