About 40% of the families in the United States are blended, meaning at least one partner was previously married or has children from a previous relationship.
Blended families have unique characteristics not found in the more traditional family, especially when it comes to how the law views spouses, biological children and step-children. And if you don’t address those issues in a will, there may be some unintended consequences for everyone when you die.
What happens when someone dies and there’s no will?
When someone dies without a will, they are said to have died “intestate.” Their assets are then distributed according to Tennessee’s intestate laws, which is usually not the way the deceased would have wished.
If you have a spouse and children, then your assets are divided between them. Your spouse receives either one-third or a child’s equal share – whichever is greater. If you have children from a previous marriage, they are entitled to a portion of your estate.
The law doesn’t care about family dynamics. It follows a formula, even if it means leaving a surviving spouse struggling financially or children feeling excluded. For example, a man with grown children decides to remarry. His new wife moves into his house, where they live happily until he dies unexpectedly without a will. His wife discovers that she doesn’t automatically inherit the home they shared. Instead, she now co-owns it with his adult children. She wants to continue living there, but they want to sell it and split the proceeds. Tensions build, and the family is soon involved in a legal battle.
Tennessee’s intestate succession laws also don’t recognize step-children unless they’ve been legally adopted. If you raised your spouse’s children as your own but never formalized the relationship, they will inherit nothing unless you specify your wishes in a will.
It’s essential to draft a will to avoid the legal and emotional mess that comes from dying without a will. Additionally, talking with your family about your intentions can prevent resentment and confusion later on. Discuss your situation with a legal representative who can ensure that your will clearly specifies your wishes and is legally sound.