Do I need a will if I am in a second marriage, with children from a previous marriage?

Blended families require particular attention in preparing an estate plan. Utah intestate succession law provides that when a decedent has children from another relationship and leaves a surviving spouse, the surviving spouse is generally entitled to one half of the decedent’s estate. The decedent’s children collectively are entitled to the remaining half of the estate. Depending on the age of the children, the needs of the surviving spouse, the intent and wishes of the decedent, and other factors, this may or may not be an appropriate result.

Making a will and trust can help ensure that your assets are distributed in away that best protects those people who matter most. In many cases, an appropriate estate plan may also avoid the costs and delays associated with filing a probate action.

If your children are young, you must consider whether the division of your estate between your spouse and children will adequately provide for both.  If your children are adults and capable of providing for themselves, your concerns may be focused more on whether your estate will provide adequate support for your surviving spouse. A will can be used to dictate that smaller or larger portions of your estate will pass to your spouse or children.  Or, a trust can be used to establish that your estate will be held first for the benefit of your spouse during his/her lifetime, but then pass to your surviving children upon the death of your spouse.