Estate Planning for Blended Families in Texas: Avoid Conflict Later
- Stephanie Fernald
- May 25
- 3 min read

Love Brought You Together — Don’t Let Legal Confusion Tear It Apart
Blended families are beautiful — and complex. Second marriages, stepchildren, and shared assets can bring unique challenges when it comes to Estate Planning for Blended Families in Texas. Without the right plan, your loved ones could end up entangled in disputes, delays, or even cut out of your legacy altogether.
At BC Robertson Law, we help Texas families create customized estate plans that reflect the dynamics of modern families — while minimizing conflict and protecting your wishes.
What Makes Estate Planning for Blended Families So Complicated?
In blended families, the “default” laws in Texas may not align with what you actually want.
Without a clear, legally binding plan:
Your biological children could be disinherited
Your current spouse could receive less than you intended
Stepchildren may receive nothing unless legally adopted
Former spouses could still have control over minor children’s inheritance
💡 Bottom line: You must be proactive and intentional — otherwise, Texas law will decide who gets what.
5 Must-Have Strategies for Blended Family Estate Planning in Texas
1. Create a Will or Trust That Reflects Your Family’s Structure
Every estate plan should begin with a will or trust — but for blended families, the details matter even more.
We help you:
Clarify who gets what (spouse, children, stepchildren)
Avoid assumptions that can lead to lawsuits
Specify personal property or family heirlooms to avoid conflict
💡 Pro Tip: A revocable living trust offers more privacy, flexibility, and control than a standard will — especially for families with complex relationships.
2. Address Stepchildren and Non-Biological Heirs Directly
In Texas, stepchildren have no automatic inheritance rights unless they are legally adopted. If you want to leave something to a stepchild, it must be clearly outlined in your estate plan.
You can:
Include them in your will or trust
Name them as beneficiaries on accounts
Establish a specific trust for their benefit
⚠️ Don’t assume your spouse will “do the right thing” after you’re gone. Put it in writing.
3. Use Separate and Joint Trusts Strategically
For couples in second marriages, Separate Property vs. Community Property can be a source of confusion — and legal risk.
We help clients:
Keep premarital assets protected for biological children
Use separate trusts for each spouse to retain control
Set up a joint trust with clear terms for shared assets
Prevent the surviving spouse from disinheriting stepchildren
This creates peace of mind for both partners — and their children from previous relationships.
4. Plan for Minor Children and Guardianship
If one or both spouses have minor children:
Who will raise them if both parents pass?
Who will manage their inheritance?
How will you ensure fairness between sets of children?
Naming a guardian and creating a minor’s trust allows you to:
Appoint someone you trust to care for your children
Control how and when they receive money
Avoid a court-appointed guardian or unnecessary delays
5. Communicate Early and Clearly
Even the best plan can fall apart if your loved ones don’t understand it. That’s why we recommend:
Discussing your intentions with your spouse and adult children
Clearly naming all beneficiaries and roles (executor, trustee, guardian)
Reviewing your plan every 2–3 years
We can even assist with family meetings to make sure everyone is on the same page.
Don’t Leave Your Legacy Up to Chance
Blended families deserve intentional, customized estate planning. The laws of Texas won’t consider your unique family dynamics unless you put it in writing.
At BC Robertson Law, we specialize in:
✅ Estate plans for second marriages
✅ Inheritance planning for blended families
✅ Navigating stepchild and guardianship issues
✅ Creating solutions that keep your family out of court
Schedule Your Estate Planning Consultation
📜 Tell us your story
🔍 Get expert legal guidance
🛡️ Protect your legacy and avoid conflict
🗓️ Let’s create a plan as unique as your family.