Blended families are increasingly common in Vermont, and while they bring unique strengths, they also present significant estate-planning challenges. One of the most common—and heartbreaking—issues we see is the unintentional disinheritance of children due to outdated or incomplete estate plans.

Without careful planning, Vermont law may distribute your assets in ways you never intended, especially when children from prior relationships are involved.

Why Estate Planning Is More Complex for Blended Families

Estate planning for blended families requires more than a simple will. When families include remarriages, stepchildren, or children from prior relationships, default inheritance rules often fail to protect everyone fairly.

Many parents assume that leaving everything to a surviving spouse will ultimately benefit their children. Unfortunately, that assumption can leave their children out entirely.

A Common Vermont Estate Planning Scenario

• A parent dies and leaves all assets to their spouse

• The surviving spouse later remarries or changes beneficiaries

• When the surviving spouse dies, assets go to their chosen heirs

• The original parent's children receive nothing

This result is legal under Vermont law—and very common—without proper estate planning.

Vermont Intestacy Laws and Children's Inheritance Rights

If a Vermont resident dies without a valid will or trust, Vermont intestacy laws determine who inherits. These laws:

• Prioritize spouses

• Give limited protection to children from prior relationships

• Do not account for stepchildren

• Do not reflect family agreements or intentions

Intestacy laws are designed as a one-size-fits-all solution, which is why they often fail blended families.

Why a Simple Will Often Isn't Enough

Even having a will may not fully protect children in blended families. A basic will that leaves everything to a spouse does not:

• Control what happens to assets after the spouse's death

• Prevent changes to beneficiaries

• Protect children from disinheritance after the surviving spouse remarries

• Shield inherits from outside influence

This is why trust-based estate planning is often recommended for blended families in Vermont.

Estate Planning Tools That Help Protect Children

The right estate planning strategy can provide for a surviving spouse and ensure children receive their intended inheritance.

Trust Planning for Blended Families

Trusts are one of the most effective tools for preventing disinheritance. A properly drafted trust can:

• Allow a surviving spouse to use or benefit from assets

• Preserve assets for children from a prior relationship

• Prevent unintended redistribution of wealth

• Provide clarity and reduce family conflict

Updating Beneficiary Designations

Many assets pass outside a will, including:

• Life insurance

• Retirement accounts

• Payable-on-death bank accounts

Outdated beneficiary designations are a leading cause of accidental disinheritance.

Prenuptial and Postnuptial Agreements

For blended families, these agreements can:

• Clarify inheritance intentions

• Protect assets meant for children

• Reduce disputes among heirs

They are especially important when one spouse brings significant assets or children into the marriage.

Planning for Minor Children

Estate planning also ensures:

• Guardianship decisions are documented

• Assets are managed responsibly for minors

• Funds are used solely for a child's benefit

When Should You Update Your Vermont Estate Plan?

You should review your estate plan after any significant life change, including:

• Marriage or remarriage

• Divorce

• Birth or adoption of a child

• Death of a family member

• Significant changes in assets

An outdated estate plan can be just as dangerous as having none at all.

Protecting Your Family's Future

Estate planning for blended families is about clarity, fairness, and protection. With proper planning, you can ensure that your spouse is cared for while also safeguarding your children's inheritance.

At Will and Trust Planning, we help Vermont families create estate plans that reflect real life family dynamics—not just legal defaults. Our goal is to prevent unintended disinheritance and provide peace of mind for every generation.

If you have a blended family or are unsure whether your current estate plan truly protects your children, it may be time for a review.