Blended Families and Probate: What to Expect Under California Law
Blended families bring a lot of love, laughter, and sometimes a little complication, especially when it comes to estate planning and probate. If you have children from a previous relationship or stepchildren, California’s probate laws can feel confusing or unfair if you’re not prepared.
If you have a blended family with an estate that may go through probate, here is what to expect under California law.
When Can You Expect Probate?
After a person’s passing, some assets inevitably enter probate. Property not held in a trust, not jointly owned, or without designated beneficiaries, will go through the probate process.
For blended families, this is where the legal distinctions between community and separate property become very important.
During probate, the court makes sure debts and taxes are paid before assets are distributed. For those blended families, the surviving spouse may receive their legal share of community property first, while separate property intended for children from a previous relationship is distributed according to the will.
However, if there is no will, California’s intestate succession rules are followed. This is where many conflicts start. Sometimes, these laws mean that the surviving spouse and children have different expectations about inheritance. For example, a house bought before the current marriage but maintained with community funds could become a point of dispute.
Does Community or Separate Property Make a Difference?
The state of California distinguishes between community property and separate property. Community property includes many of the assets that a couple acquires during a marriage. On the other hand, separate property refers to assets owned before marriage, inherited, or gifted individually.
This distinction can become an issue for blended families. For example, a surviving spouse might have the right to half of the community property. However, the separate property is a different story. It could pass directly to the deceased’s children from a previous marriage.
Many times, misunderstandings happen when stepchildren assume that all property is part of the estate or when a surviving spouse expects access to assets intended for the deceased’s biological children. This is why you want complete documentation and careful planning to avoid these conflicts.
Balancing Rights Between Spouses and Children
California law gives surviving spouses protections. Even if a will leaves little or nothing to a spouse, the law allows them to claim an “elective share.” With that, they are not completely disinherited. However, this can sometimes reduce what is available to children from a prior relationship.
On the other hand, children from previous marriages have inheritance rights to separate property. But without an estate plan, California’s intestate succession laws step in. As a result, the assets are divided between the surviving spouse and the children. These default rules don’t always align with the family’s wishes. Unfortunately, that can easily lead to tension if expectations are not communicated in advance.
How Trusts Play a Role
A living trust is one of the best tools for blended families. Unlike a will, a trust allows the creator to dictate exactly how assets should be managed and distributed. A trust can provide for a surviving spouse while protecting the children’s inheritance.
Along with that, it can specify certain conditions, such as distributing assets only when children reach a certain age or achieve certain milestones.
Additionally, trusts reduce the likelihood of family disputes. With clear instructions and professional guidance, it makes it more difficult for beneficiaries to contest the estate. This saves both time and emotional strain during what is often an already stressful period.
However, setting up and maintaining an estate plan is not a one-time process. Life changes, such as new marriages, divorces, births, or deaths, can affect asset distribution. Updates are important. Without them, a will or trust may no longer reflect current intentions. That can cause disputes that could have been avoided with proactive planning.
We Can Help with the Probate Process in California
If you have a blended family, there is so much to think about when it comes to probate. Without a will or trust, assets may be unfairly divided under the law. And that can create conflict between spouses and the deceased’s children.
If you need help with the probate process in the Golden State or want to take precautions to avoid it, California Probate is here to assist. We can help you design a plan that works for your blended family. Reach out to schedule a consultation today.