Families & Divorce: Your Estate Planning FAQ 

1) Why is estate planning so important for blended families?

A// Because without it, you could accidentally disinherit your own children. Blended families often include former spouses, stepchildren, second marriages, and kids from different relationships. The law doesn’t automatically sort that out for you — and if you don’t have a clear, written plan, Massachusetts’ default laws will decide who gets what.

Spoiler: those laws don’t care about your intentions. Only what’s in writing matters.

2) What could go wrong if I don’t have a plan?

A// Plenty. Here are just a few of the disasters we’ve seen firsthand:

  • Your second spouse inherits everything, and your children from a prior relationship get nothing.

  • Your stepchildren are unintentionally left out — even if you raised them.

  • Your ex-spouse gains control of your money as your kids’ legal guardian.

  • Your 18-year-old inherits everything outright — and spends it all.

  • Your ex is still listed as a beneficiary on your life insurance or retirement accounts.

These aren’t hypotheticals. They’ve all happened — and once they do, there’s no fixing it.

3) If I say “my children” in my will, does that include stepchildren?

A// No. Under the Massachusetts Parentage Act, “my children” includes only biological and adopted children. If you want your stepchildren to inherit, you must name them explicitly in your estate plan.

4) What happens if I die while my kids are under 18?

A// Unless you’ve planned otherwise, your ex-spouse becomes their legal guardian — and gains control over any money left for your kids.

Without a trust, there’s no oversight or restriction on how that money is used. Even if you’re on good terms, it’s rarely what people truly want. And if there’s tension? It can get ugly fast.

5) Can’t I just rely on my current spouse to “do the right thing”?

A// I wish it worked that way. We once had a client who trusted his second wife to take care of his kids from his first marriage. He died without a plan, and everything went to her. She later disinherited his children - and they got nothing. When there’s no plan, the law gives 100% control to the surviving spouse. Trusting someone to “do the right thing” isn’t a plan.

6) How can I make sure my children from a first marriage are protected?

A// Create a revocable living trust — ideally, our proprietary 20/20 Hindsight Trust™ — to:

  • Set aside specific amounts for each child

  • Keep inheritances separate from your spouse’s assets

  • Delay access until your children are mature enough

  • Appoint a trusted (non-ex) trustee to manage it all

You can care for both your spouse and your children — but only if it’s in writing.

7) What is the 20/20 Hindsight Trust™?

A// It’s our signature trust solution for complex family structures. It helps you:

  • Include stepchildren, half-siblings, and other loved ones

  • Prevent your kids from being disinherited by a surviving spouse

  • Avoid windfalls at age 18

  • Adapt your plan as life changes — divorce, remarriage, blended families, and more

It gives you the clarity of hindsight - and the power to act with foresight.

8) What happens if I forget to update my beneficiaries after divorce?

A// One of three bad things:

  • Your ex gets everything.

  • The asset goes to your estate and ends up in probate.

  • Your kids receive the money outright, without protection.

Remember: beneficiary designations override wills and trusts. Forgetting to update them can undo all your careful planning.

9) Can I prevent my ex from controlling my child’s inheritance?

A// Yes, but only if you create a trust. Without one, your ex (as guardian) controls the funds. With a trust, you choose the trustee who manages the money for your child’s benefit. The guardian handles care, the trustee handles the money. That’s how you keep your legacy in safe hands.

9) I’m remarried. How do I make sure everyone is treated fairly?

A// You need a plan that reflects your family’s unique structure. That might mean:

  • Leaving your current spouse with support and housing

  • Ensuring your children from a prior marriage inherit directly

  • Including stepchildren in proportion to your bond with them

Every blended family is different. Fairness starts with clarity - and clarity starts with planning.

9) What happens if you do nothing?

A// Here’s what could happen:

  • Your second spouse inherits everything

  • Your prior children and stepkids get nothing

  • Your ex controls the money

  • Your kids inherit at 18 and blow it

  • Your family ends up in court, fighting over your estate

That’s the legacy of doing nothing.

10) What does planning really give me?

A// It’s more than legal documents. It’s peace of mind:

  • Your children are protected

  • Your spouse is supported — but with balance

  • Your ex can’t control your money

  • Your wishes are honored, no matter what

This isn’t paperwork. It’s a love letter to your family.

11) What’s the next step?

A// Book a Strategic Planning Session with our team.

  • Private, one-on-one consultation

  • Review your family structure and goals

  • Identify red flags or missing pieces

  • Build a plan to protect everyone you love

Bonus: Attend one of our webinars or workshops to waive the $450 fee and receive $500 off your plan if you move forward.

Final Thought: Not All Heroes Wear Capes

Some just plan ahead. They make tough decisions, choose clarity over chaos, and protect everyone they love. That’s what estate planning does.
That’s what you can do.

📞 Call us at (978) 657-7437 to get started.