How To Protect Your Children After Remarrying

Second marriages create unique estate challenges. The most dependable path is a revocable living trust that offsets support for your new spouse and safeguarding for children from a previous marriage—in addition to, updated beneficiaries and detailed instructions. Begin with a local plan tailored to you.

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Why Second Marriages Change the Estate Planning Formula

Blended families usually include a new spouse, children from previous relationships, and mutual assets. Under some state law, a spouse that marries following you signing your will or trust may be eligible as an “omitted spouse,” possibly entitling them to a portion unless an exemption applies. In which can inadvertently decrease (or postpone) what your children receive.

Additionally, stepchildren are not automatically an heir under intestacy (in which there is no plan). When you wish for a stepchild to inherit, you are required to name them in your will or trust. Some courts’ self-advocacy pages detail the way in which inheritance works and why planning is important.

Tools That Balance Fairness and Family Harmony

Revocable Living Trust

A revocable living trust lets you keep control while you’re still alive and, following you passing, directs precisely what your spouse may use (income, residential rights, support) and what at the end of the day passes to your children, typically with the trust becoming irrevocable as to your portion when you pass away. This bypasses public probate and decreases conflict. The Arizona Courts explain the benefits of planning (and challenges of no plan).

“Can My Spouse Change My Plan Following My Passing?”

With a well-thought-out trust, your portion typically locks at death, stopping later modifications that disinherit your children. A surviving spouse may manage their share and any newer assets; however, not the portion you’ve made irrevocable for your beneficiaries.

Clear Instructions on the Home

Detail whether your spouse could reside in the family home for life (along with who pays taxes/insurance/maintenance), when it is able to be sold, and how the proceeds from the sale are to be divided. Logging a deed into your trust with the Arizona County Clerk-Recorder is part of appropriate funding.

Coordinate Beneficiary Designations

Pension accounts and life insurance policies pass by beneficiary documents, not through your will. Coordinate designations with the trust to guarantee children and stepchildren are treated as planned. Arizona Courts offer plain-language direction on wills and long-term planning.

Prenuptial/Postnuptial Agreements

Where appropriate, a prenup/post up can make clear separate vs. community property and renounce certain rights—helpful in second marriages to decrease conflict and safeguard children’s inheritances.

What Is Going to Happen If I Don’t Update My Estate Plan After Getting Remarried?

Arizona’s omitted spouse statutes may award your new spouse a portion; unless an exemption applies (your omission was intended, you otherwise offered for them outside the plan, or there was a valid renouncement). This can water down what your children receive.

Do Stepchildren Inherit If I Don’t Name Them?

The straightforward answer, no. Unless they’re adopted, stepchildren are not seen as heirs via default guidelines. You are required to name them in your trust or will or use heir designations to provide for them.

Are We Going to Need to Address Probate Anyway?

An appropriately funded trust bypasses formal probate for held in trust assets. If probate becomes required, Ogborne Law’s probate department details and online access are public for filings and scheduling.

A Straightforward Plan of Action

Catalogue assets (home, accounts, life insurance).
Devise a revocable trust to support your spouse and safeguard children (for instance right to live in the home, phased distributions).
Fund the trust—record the deed with your local county clerk and retitle/beneficiary-balance key assets.
Add backups (successor trustees/beneficiaries).
Go over every 3–5 years or following marriage, birth(s), home purchase/sale, or considerable life events.

Source:

“How To Protect Your Children After Remarrying” Retrieved on December 11, 2025 from https://hermancelaw.com/blog/how-to-protect-your-childrens-inheritance-in-a-second-marriage-a-guide-to-estate-planning/

Ogborne Law, PLC In Scottsdale, AZ

Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.

Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.