Protect children from previous marriage while providing for your current spouse. Fair inheritance planning for second marriages with stepchildren. Balance competing family interests. Attorney-prepared living trust for California blended families. $500.
If you're in a second marriage with children from a previous relationship, standard estate planning doesn't work. You have competing interests: protecting your children's inheritance while providing for your current spouse. Without a carefully structured blended family living trust California, family conflict is almost inevitable.
How it works: Your spouse has the right to live in your home for their lifetime (or until remarriage). When your spouse dies or remarries, the home passes to your children from your first marriage.
Best for: Couples where the home is the primary asset and you want to ensure your spouse has housing security while guaranteeing your children eventually inherit the property.
Example: You own a $900,000 California home. Your second wife can live there until she dies or remarries. Your two children from your first marriage inherit the home afterward. Your wife cannot sell it or leave it to her children from her first marriage.
How it works: Your assets go into a trust that pays income to your spouse for life. Your spouse receives investment income, rental income, or other cash flow. When your spouse dies, the principal (original assets) passes to your children.
Best for: Couples with significant investment accounts or rental properties that generate income. Provides financial support for your spouse while preserving principal for your children.
Example: You have $500,000 in investments. Your spouse receives all investment income (dividend and interest, approximately $20,000-$25,000/year). When your spouse dies, your children inherit the full $500,000 principal.
How it works: Your spouse receives a specific dollar amount or percentage of your estate outright. The remainder goes to your children from your first marriage.
Best for: Shorter second marriages or situations where your spouse has their own assets. Provides a fair inheritance for your spouse without compromising your children's share.
Example: Your estate is worth $1.2 million. Your spouse receives $300,000 outright. Your three children from your first marriage split the remaining $900,000 ($300,000 each). Clean, clear, final.
How it works: Assets you owned before remarriage go into your separate trust (benefiting your children). Assets acquired during your second marriage go into a joint trust (split between your spouse and children, or per your agreement).
Best for: Couples who brought significant separate property into the marriage and want to clearly distinguish pre-marriage vs. during-marriage assets.
Example: You owned a $700,000 home before remarriage (your children inherit this). You and your spouse bought a vacation home together during marriage for $400,000 (your spouse gets half, your children get your half). Clear separation prevents disputes.
How it works: You treat your biological children and stepchildren equally, splitting your estate among all children. Your spouse is provided for separately or inherits their community property share.
Best for: Long-term second marriages where you've raised stepchildren as your own and want to treat everyone equally.
Example: You have 2 biological children and 2 stepchildren. You leave 25% to each child equally. Your spouse inherits their half of community property separately. Demonstrates equal love and treatment.
California is a community property state. This matters significantly in second marriages:
Your separate property (assets from before remarriage) is YOUR property alone—unless you commingle it. Common mistakes that convert separate property to community property:
Solution: Keep separate property separate. Fund your living trust with separate property assets, clearly documenting their separate character. This protects your children's inheritance.
Most people in second marriages love their current spouse but want to ensure their children from their first marriage are protected. You're not being selfish—you're being responsible. Here's how to achieve both goals:
Your spouse can use assets (live in home, receive income from investments) but cannot sell or transfer them. Ownership passes to your children when your spouse dies or remarries. This is called a "life estate" or "income interest."
Your spouse serves as trustee but with restricted powers. They can manage assets and receive income, but major decisions (selling property, changing beneficiaries) require consent of an independent trustee or adult children. Provides oversight.
If your estate is large enough, leave sufficient assets to both your spouse AND your children. Your spouse gets enough to live comfortably. Your children receive the bulk of your separate property plus your share of community property. Both groups satisfied.
Purchase life insurance naming your children as beneficiaries. Leave your estate to your spouse (or create life estate). Life insurance provides guaranteed inheritance for children regardless of what happens to estate assets. Clean separation.
A living trust locks in your inheritance instructions permanently. Unlike a will (which can be changed by your surviving spouse), a trust specifies exactly what your children inherit and when. You can structure it so your spouse has use of assets during their lifetime, but your children ultimately inherit the principal. Your spouse cannot change these terms, remarry and disinherit your children, or leave your assets to their children from their first marriage.
California intestate succession laws kick in. Your spouse gets 1/3 to 1/2 of your separate property (assets from before marriage). Your children from your first marriage get the rest. For community property, your spouse already owns half; your half goes per intestate law. This often satisfies nobody. Plus, everything goes through probate (12-18 months, $27,000-$68,000+ in costs). Family fighting is common. A living trust prevents all of this.
Yes. Common approaches: (1) Life estate—your spouse lives in your home for life, children inherit after spouse's death, (2) Income trust—spouse receives investment income for life, children inherit principal when spouse dies, (3) Specific bequest—spouse gets $X or Y%, children get remainder, (4) Sufficient assets—leave enough to both spouse and children if estate is large. We help you structure a solution that balances both interests fairly.
That's entirely your choice. Many people leave assets only to biological children. Others include stepchildren equally (especially in long marriages where stepchildren were raised as their own). Some use a middle approach—biological children receive more, stepchildren receive a smaller bequest. A living trust gives you complete control. The important thing is to clearly document your decision to avoid family conflict and legal challenges.
This is very common. Options: (1) Each of you creates separate trusts leaving your separate property to your own children, (2) Create a joint trust for community property with agreed-upon distribution (often 50% to his children, 50% to her children), (3) Combination approach—separate trusts for pre-marriage assets, joint trust for assets acquired together. We help you structure this so both families are treated fairly and conflict is minimized.
Balance competing interests fairly. Provide for your spouse. Protect your children's inheritance. Avoid family conflict. Attorney-prepared living trust for California second marriages with stepchildren.
Attorney-Reviewed | 25+ Years Experience | California State Bar #208356