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Typical Wills for Blended Families in Texas (2025 Guide)

Blended families are the new normal in Texas and across the U.S.—second marriages, stepchildren, and half-siblings make up the fabric of many households today. But when it comes to estate planning, blended families face a unique challenge: how to protect your spouse and your children—sometimes from different relationships—fairly and legally.

If you’re part of a blended family, a standard will just won’t cut it. At The Lange Firm, we help families navigate the complexities of planning for stepkids, new spouses, exes, and adult children, while keeping everyone’s best interests at heart.

In this blog, we’ll break down what a typical will looks like for a blended family, explore the most common estate planning mistakes in these situations, and offer strategies to make sure your wishes—and your loved ones—are fully protected.

Why Blended Families Need a Custom Will

Let’s say you have children from a previous marriage and you’ve remarried. You want to leave something to your new spouse—but also make sure your children eventually inherit what’s theirs.

Without a clear estate plan, your assets could end up in the wrong hands, skipped over, or create resentment among family members.

In Texas, if you die without a will (called dying intestate), your estate is divided according to the Texas Estates Code—and that doesn’t always align with your wishes, especially in blended families.

What Happens If You Die Without a Will in a Blended Family?

Under Texas law, if you die without a will and you have children from a previous relationship:

• Your spouse keeps 1/2 of the community property (property acquired during the marriage)

• Your biological or adopted children receive the other 1/2 of the community property

• Your separate property (what you owned before marriage or received as a gift/inheritance) is split:

  • 1/3 goes to your surviving spouse

  • 2/3 goes to your children

This often leaves the surviving spouse financially vulnerable—and can fuel tension between the spouse and the children from a previous marriage.

Key Considerations for Wills in Blended Families

Creating a will for a blended family means asking difficult, but necessary, questions:

• How do you balance providing for your spouse and your children?

• Do you want stepchildren to inherit anything?

• What happens if your spouse remarries?

• Do you trust your spouse to honor your wishes after you’re gone?

• Who should serve as executor?

• How can you prevent conflict among children from different relationships?

A well-structured estate plan should answer all of these questions in writing.

Typical Wills for Blended Families: What They Include

There’s no one-size-fits-all solution, but here are several common approaches that Texas blended families use in their wills and estate plans:

1. ✅ Outright Gifts to Children

Some parents choose to leave specific assets directly to their biological children upon death—bypassing the spouse entirely for that portion of the estate.

Why it works:

• Guarantees the children inherit

• Prevents the surviving spouse from changing the plan later

Why it might not:

• May leave the spouse underfunded

• Can create tension or seem unfair

2. ✅ Life Estate for Surviving Spouse

You might give your spouse the right to live in your home for life, but ownership passes to your children after the spouse dies.

Why it works:

• Keeps the spouse secure

• Ensures children eventually inherit the home

Why it might not:

• The home can’t be sold or refinanced easily

• Children must wait a long time to inherit

3. ✅ Trust-Based Planning

This is one of the most flexible and protective options for blended families. A revocable living trust allows you to:

• Leave income or support to your spouse

• Control when and how your children inherit

• Prevent assets from being redirected by a new spouse

• Appoint a neutral third-party trustee to carry out your wishes

💡 Example:
Robert has two kids from his first marriage. His trust provides his second wife with a monthly income, but the principal stays protected and passes to his kids after her death. Everyone’s taken care of, without conflict.

4. ✅ Separate Property Carve-Outs

If you have property from a previous marriage—like an inherited lake house or family business—you can specifically name those assets in your will to go to your children or other heirs.

Why it works:

• Preserves legacy assets

• Reduces disputes over sentimental or high-value property

5. ✅ Mutual Wills or Contractual Wills

This is when both spouses agree in writing not to change their wills after the other dies. It’s legally binding in Texas—but can be tricky.

Why it works:

• Prevents surviving spouse from cutting out stepchildren

Why it might not:

• Limits flexibility if circumstances change

• Hard to enforce if documents aren’t drafted carefully

Common Mistakes in Blended Family Wills

Avoid these pitfalls to protect your wishes and avoid heartbreak:

❌ Assuming Your Spouse Will “Do the Right Thing”

Intentions are great—but if your spouse inherits everything outright, there’s no legal requirement for them to give anything to your children later. And if they remarry? Your kids may be completely disinherited.

❌ Leaving Everything to Your Spouse

It feels simple and loving—but it can backfire. Once your spouse inherits everything, it’s theirs. They can change their will. They can leave it to their kids. Or a new partner. Or a favorite charity.

❌ Failing to Update Beneficiaries

Your will doesn’t override beneficiary designations on life insurance or retirement accounts. If your ex-spouse is still listed as the beneficiary, guess what? They get the money—no matter what your will says.

❌ Not Addressing Stepchildren

Stepchildren don’t automatically inherit under Texas law unless you legally adopt them or specifically name them in your will or trust. If you want them to receive something, it must be written into your estate plan.

What to Include in a Blended Family Will

Here’s what we typically recommend for blended family wills in Texas:

• ✅ Clear division of community and separate property

• ✅ Named beneficiaries (children, stepchildren, spouse, etc.)

• ✅ Instructions for personal property (family heirlooms, furniture, jewelry)

• ✅ A plan for real estate

• ✅ Consideration of life insurance and retirement account beneficiaries

• ✅ A pour-over will if using a trust

• ✅ Alternate plans in case someone predeceases you

How Trusts Enhance a Blended Family Estate Plan

Trusts are incredibly helpful tools for blended families because they:

• Control timing and conditions of distributions

• Protect assets from being redirected

• Minimize estate taxes

• Avoid probate

• Preserve privacy

At The Lange Firm, we often use revocable living trusts, QTIP trusts, or irrevocable life insurance trusts (ILITs) to help blended families find balance.

Real-Life Example (Names Changed for Privacy)

Maria had two children from her first marriage. When she remarried, she wanted to make sure her new husband could stay in the house—but also wanted her kids to inherit it one day.

We helped her create a trust-based plan that gave her husband a life estate in the home, while ensuring ownership passed to her children after his death. Her financial accounts were split, with some payable on death to her children, and others left in trust for her husband’s use.

Result: No court battles. No confusion. No one left out.

How The Lange Firm Helps Texas Blended Families

At The Lange Firm, we’ve seen what happens when blended families plan ahead—and what happens when they don’t. We’ll help you:

• Craft a customized will or trust that reflects your unique family

• Avoid probate disputes and future confusion

• Coordinate beneficiary designations and account titles

• Plan for long-term care, taxes, and remarriage scenarios

• Guide your family through probate or trust administration when the time comes

Our goal is to make sure everyone is cared for—without surprises.

Final Takeaway: Planning for a Blended Family Requires More Than a Template

Your family isn’t average, and your will shouldn’t be either. Blended families need flexible, thoughtful estate planning that balances fairness, clarity, and long-term security.

Don’t leave your loved ones guessing—or worse, fighting.

Contact The Lange Firm today to create a will or trust that protects your legacy, honors your relationships, and ensures your plan stands strong—no matter what the future holds.