Impact of Blended Families on Estate Planning: Effective Trust Structures, Beneficiary Challenges, Litigation

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Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Estate Planning
- event Date
Thursday, November 6, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE course will provide estate planners with a deep and practical guide to blended families' trust and estate planning challenges. The panelist will offer specific guidance on avoiding probate or beneficiary challenges and estate planning vehicles to incorporate prenuptial and postnuptial agreements. The panelist will also offer a critical analysis of methods to minimize litigation risks and handling claims. The program will also touch upon mechanisms to avoid guardianship litigation.
Faculty

Ms. Hesla assists clients and companies through all aspects of trust and probate litigation, estate administration, elder law, and real estate, employing an empathetic yet assertive approach to problem-solving as she navigates complex and emotionally charged matters. Boasting over 10 years of residential and commercial real estate experience, she has an established reputation managing trust and estate matters involving a real estate component. Further, as a former prosecutor, Ms. Hesla's clients value her assertive advocacy in matters involving financial exploitation, undue influence, and contested wills and trusts as well as guardianships and conservatorships.

Ms. McAlpin helps families, individuals, and fiduciaries navigate probate disputes, administer trusts and estates, and create estate plans. She advises clients on all aspects of estate planning, including wills, trusts (revocable and irrevocable), health care and financial powers of attorney, and living wills. As a complement to her estate planning practice, Ms. McAlpin litigates contested probate and trust claims involving trustees, personal representatives, beneficiaries, and the exploitation of vulnerable adults. She also has significant experience in probate and trust administration, guardianships, conservatorships, and taxation.

Ms. O’Neil has a person-centered estate planning practice in which she partners with her clients to create estate plans that put their wishes at the forefront. She often works with high-net worth individuals and business owners to craft estate plans that meet their goals of business succession planning, tax planning, and charitable giving. As part of her complex estate planning practice, Ms. O'Neil drafts many different types of revocable and irrevocable trusts for clients. These trusts include asset protection trusts, grantor and non-grantor spousal limited access trusts, intentionally defective grantor trusts, self-settled trusts, children’s trusts, annual exclusion gifting trusts, incomplete gift non-grantor trusts, single asset revocable trusts, charitable trusts, supplemental needs trusts, retirement trusts, real estate investment trusts, farm trusts, and cabin trusts. Ms. O'Neil works with clients to establish the traditional “core” estate planning documents that every plan needs – wills, financial power of attorneys, health care directives, and as needed, revocable trusts.
Description
Among the greatest challenges for estate planners is planning for clients in a second or subsequent marriage. The intricacies increase when one or both spouses have children from prior marriages and in situations where age or premarital assets vary greatly between the spouses. Effective estate planning design balances providing for the surviving spouse and either party's desire to pass premarital assets to pre-marriage children.
Because of the issues unique to subsequent marriages, many ownership structures and asset titling strategies common to first marriage estate plans may not be appropriate for second marriages. Joint tenancy property can trigger more complex probate.
Additionally, estate planning council must structure testamentary and trust documents to shield against beneficiary challenges, which are more likely when children from prior marriages are involved and may result in litigation. Estate planners should know the impact of in terrorem clauses in wills and trust operating documents and the impact guardianship proceedings have on wills, established estate planning documents.
Listen as our panel provides a thorough and practical guide to the technical aspects of designing and implementing estate plans for second marriages and blended families.
Outline
I. Estate planning challenges unique to clients in second marriages or with blended families
II. Impact of prenuptial and postnuptial agreements on estate plans
III. Balancing maintenance of surviving spouse with a desire to pass on premarital assets to children or other beneficiaries
IV. Protecting against beneficiary challenges and litigation, both after and during life
Benefits
The panelist will review these and other key issues:
- What mechanisms must estate planners be aware of to protect estate plans involving blended families from beneficiary challenges?
- What are the potential claims that can arise, and what are effective strategies for handling litigation?
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