5 Tips For Non-Traditional Families When Creating an Estate Plan

Web Admin - Friday, June 28, 2019
Barrington estate planning lawyer same sex couplesToday’s families come in many forms. In fact, there are fewer “traditional” families than ever in which two opposite-sex parents are married for the first time and have children together. Since divorce is common, and couples often choose to live together and have children without getting married, many families include step-parents and step-children. In addition, the legalization of same-sex marriage has resulted in complex family arrangements involving biological children and adoptive children. Regardless of how a family is configured, it is important to plan for the future and ensure that all family members’ needs will be met. For non-traditional families, it is important to consider the following during the estate planning process:

1. Update your will - Your last will and testament specifies how you want your assets to be distributed to your heirs after your death and any other last wishes. You will want to be sure that your will addresses your partner, your children, your step-children, and any other family members.

2. Create a trust - In addition to your will, a trust can provide more control and flexibility for how you would like your assets to be distributed to your beneficiaries. A living trust can be changed or modified if necessary, and it can also be used to provide for your and your partner’s needs during your life.

3. Use power of attorney - While married spouses have the right to make decisions for each other, this is not always true for unmarried couples. A power of attorney agreement can be used to ensure that partners will be able to make medical or financial decisions for each other if one of them becomes incapacitated.

4. Consider a prenuptial or postnuptial agreement - When you get remarried, your new spouse will typically be entitled to receive half of your estate following your death. A prenup or postnup can ensure that certain assets will be set aside for any children you may have from a previous marriage or relationship.

5. Address plans for retirement - If you have any retirement funds saved in an account such as a 401(k) or IRA, you will want to be sure to name beneficiaries who will receive these funds following your death. You can name your spouse or partner as a beneficiary, as well as any children or step-children.

Contact a Kenilworth Estate Planning Attorney

When creating a comprehensive estate plan, you will want to be sure all of your family members will be provided for. Determining how to do so when you are in a non-traditional family can be a complex matter, and an experienced attorney can help you address issues involving same-sex partners, children from previous marriages, adoptive children, or other family members. Contact our Riverwoods estate planning lawyer today at 847-934-6000 to schedule a free consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Recent Posts


comparative negligence Illinois registered agent probate lawyer Inverness real estate lawyer Rolling Meadows Traffic Lawyer child safety wills business litigation automated cars employment attorney Inverness real estate attorney llinois Real Estate Lawyers Association Kenilworth estate planning attorneys Palatine personal injury lawyer personal injury lawyer product liability drug possession jet ski Illinois mortgages medical malpractice compensation texting and driving Illinois attorney Deer Park DUI lawyer irrevocable trust GM ignition switches insurance claim denials Inverness insurance attorney expungement Arlington Heights traffic attorney Buffalo Grove traffic lawyers Schaumburg corporate attorney Des Plaines motorcycle accident attorney Barrington criminal defense lawyer Arlington Heights Attorney personal injury Deer Park employment law attorney liens Schaumburg civil litigation attorney real estate leasing Crystal Lake medical malpractice lawyer Palatine criminal defense lawyer Barrington boating accident attorney Jay Andrew Illinois elder law attorney crossover accidents real estate attorney Rolling Meadows insurance lawyer auto accidents Illinois insurance attorney Illinois red light cameras Inverness estate planning lawyer Barrington Illinois estate planning lawyer construction accidents pedestrian accidents BUI Buffalo Grove law firm Illinois business law atorneys ken apicella Illinois probate lawyer minimum wage blood alcohol content living trust benefits Illinois wills and trusts attorneys hiring employees Arlington Heights wills and trusts lawyers Mt Prospect Attorney golf accidents clemency Crystal Lake bike accident lawyer Illinois motorcycle accident lawyer deadly crashes insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys commercial leases Arlington Heights employment attorney truck collisions hands free device Rolling Meadows probate lawyer Illinois collections attorney Rolling Meadows employment law attorneys startup company Deer Park workers compensation lawyer Arlington Heights estate planning attorney Rolling Meadows estate planning attorney Liquor Control Act marijuana crimes attorney DUI penalities FSLA Des Plaines tax law firm Des Plaines Traffic Lawyer license life insurance lawyer cell phone accidents Palatine workers compensation lawyer Affordable Care Act Palatine corporate law attorneys digital evidence Long Grove estate planning attorneys Detainer Actions marijuana personal injury accidents criminal loss of consortium right to work Des Plaines personal injury lawyer Illinois insurance claim dispute lawyers Rolling Meadows tax attorney Illinois driving without license Rolling Meadows drug defense attorney denied insurance claims controlled substance traffic violations reckless homicide personal injury claim Chicago will attorney insurance claim delay Illinois real estate lawyer Arlington Heights pedestrian accidents criminal record Illinois real estate Illinois car accident attorney attorney fees Long Grove wills and trusts attorneys Deer Park real estate law firm operating agreements Des Plaines medical malpractice attorney Barrington employment law attorney IRELA Barrington estate planning lawyer Illinois civil litigation lawyer Palatine drug lawyer Deer Park motorcycle accident lawyer employment law, Illinois employment laws Buffalo Grove car accident lawyer Illinois employment law attorney insurance agents Illinois personal injury attorney motorcycle accident lawyer living wills trucking accidents Illinois Smoke Detector Act Illinois wills and trusts civil litigation attorney Rolling Meadows Attorney insurance disputes Des Plaines pet law attorney Barrington personal injury lawyer liability claims distracted driving accidents car accident lawyers license suspension elder law DNR Des Plaines bad faith insurance claims real estate Deer Park accident attorney agent BAC car collision Inverness personal injury attorney School Visitation Rights Act Chicago lawyer traffic deaths contracts personal injury law firm Palatine employment law lawyer creditors insurance agent negligence DGAA products liability Arlington Heights TBI attorney speeding Illinois estate planning law firm rollover accidents South Barrington real estate lawyer pet law Illinois employment lawyer breathalyzer test Buffalo Grove insurance claim dispute lawyers BAIID living trust vs will paid sick leave appealing an insurance claim Buffalo Grove injury lawyer medical malpractice claims rent to own real estate contracts vacation home investment property Attorney Ken Apicella real estate attorneys Des Plaines real estate lawyer commercial real estate drugs internet estate tax Buffalo Grove real estate attorney Illinois employment laws denied insurance claim Des Plaines injury law firm Barrington estate planning attorney employment law Palatine traffic accidents dynasty trusts Illinois insurance disputes Illinois personal injury lawyers Barrington drug crime attorney Barrington Traffic Lawyer privacy laws Illinois traffic attorney fault based insurance Rolling Meadows DUI lawyer Inverness injury lawyer workers comp Schaumburg criminal attorney traumatic brain injury Illinois construction accident attorney Arlington Heights wills and trusts attorney Illinois medical malpractice claim spinal cord injuries Palatine employment attorney Illinois personal injury pay when paid contract pizza emoji insurance claim denial Arlington Heights lawyer Illinois Probate Act of 1975 subcontractor bike accident Arlington Heights employment law attorneys living trust income distribution deducation cell phone tower data wills and trusts Arlington Heights criminal lawyer rest breaks Illinois Sales Representative Act Schaumburg construction accident lawyer Illinois estate planning overtime violations insurance dispute attorney fiduciary rule delay Barrington employment attorney federal crimes Crystal Lake injury attorney Barrington personal injury attorney Rolling Meadows real estate attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys car accident civil rights violation insurance claim Chicago estate planning hit and run accident nursing home negligence Illinois tax attorney ACA natural gas Arlington Heights accident attorney Rolling Meadows car accident lawyers Arlington Heights car crash attorneys trustee Fair Labor Standards Act foreclosure advance healthcare directive revenge porn Schaumburg medical malpractice lawyer pedestrian-automobile accident Crystal Lake employment law attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Riverwoods estate planning lawyer Palatine real estate lawyer car crash injuries Schaumburg Illinois workplace discrimination attorney landlord tenant law fiduciary rule Illinois lawyer Des Plaines drug lawyer Illinois traffic ticket lawyer Buffalo Grove personal injury lawyer Barrington injury attorney Deer Park traffic lawyer Illinois medical malpractice case digital information Exclusions breach of contract Illinois jet ski accident lawyer Thanksgiving Chicago employment attorney Home Remodeling Repair Act insurance negligence Arlington Heights real estate lawyer estate planning attorney comp time Des Plaines personal injury lawyers cell phone pedestrian injuries, pedestrian fatality Des Plaines real estate attorney Deer Park criminal attorney Rolling Meadows traffic attorney Mount Prospect elder law attorney Kenilworth estate planning attorney capital gains tax Crystal Lake car accident attorney Illinois estate planning attorney Family Medical Leave Act Des Plaines claims law firm real estate zoning IRA benefits traffic violations defense Palatine civil litigation lawyer murder trucking accident lawyers Chicago trucking accident attorney Illinois insurance lawyer Illinois employment attorneys car accident lawyer disability benefits criminal defense Des Plaines criminal attorney meal breaks Illinois will lawyer independent contractor probate IRS Barrington medical malpractice lawyers small business pregnant women Rolling Meadows insurance dispute lawyers Rolling Meadows marijuana attorney Schaumburg car accident attorney drug crimes lawyer Buffalo Grove employment lawyer drunk driving Crystal lake insurance dispute attorney Schaumburg estate planning attorney insurance claims probate claims process Arlington Heights injury attorney slip and fall accidents Crystal Lake law firm trust payments boating under the influence Rolling Meadows employment attorney Crystal Lake personal injury lawyer Arlington Heights wills and trusts lawyer Chicago traffic lawyer liability in terrorem provision unfunded trust ObamaCare insurance claim dispute attorney Illinois speeding lawyer Des Plaines collections attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Rolling Meadows medical malpractice lawyers new real estate form CAM denial of life insurance mass shooting Employment Discrimination Law swimming pools financial advisors Crystal Lake accident attorney Des Plaines civil attorney Arlington Heights trucking lawyer Illinois traffic attorneys Arlington Heights medical malpractice lawyer Class A misdemeanor DMV Chicago insurance claim attorneys DUI wage theft forming a corporation in Illinois POA Forcible Entry Barrington litigation attorney Food and Drug Administration's Food Safety Modernization Act car crashes Crystal Lake pedestrian accident lawyer institutional trustee changes to mortgage law Schaumburg personal injury lawyer life insurance policy Illinois personal injury lawyer boating accidents Buffalo Grove medical malpractice lawyers personal injury attorney accidental death benefits problem employees severance agreements traffic laws Palatine injury attorney employee discrimination license revocation Illinois wrongful termination lawyer Rolling Meadows corporate lawyer Illinois business lawyer Illinois law Illinois workplace lawyer fatal car accidents vacation home fines trauma after an accident probate process Crystal Lake tax lawyer medical marijuana Long Grove estate planning Illinois workers compensation lawyer anesthesia errors Illinois medical malpractice lawyers insurance denials Buffalo Grove probate lawyer sexual harassment rumble strips blended families privacy Schaumburg criminal law attorney Inverness probate lawyer Illinois home inspection caretaker rights Des Plaines insurance attorney Chicago employment lawyer owner responsibility low-ball insurance settlement employee misclassification Buffalo Grove corporate attorney Des Plaines drug crimes lawyer probate fees murder charges insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys overtime pay job lawyers Palatine insurance lawyer Palatine corporate attorney Self-Directed IRA Accounts Schaumburg estate attorney pain and suffering Illinois rollover accident lawyers landlord underage DUI Crystal Lake will lawyer Rolling Meadows accident lawyer foreclosed rental property Palatine civil attorney personal injury claims Palatine business attorney Palatine construction attorney Joliet general practice lawyers Crystal Lake car accident lawyer Palatine Attorney Chicago biking tips Arlington Heights Traffic Lawyer Rolling Meadows criminal lawyer Crystal Lake traffic lawyer Illinois job attorney bicycle accidents pet bites work unions dram shop law Long Grove real estate attorney bicycle dooring accidents TBI Chicago corporate attorney employee rights real estate lawyer FMLA DUI attorney eluding a police officer insurance dispute Illinois employee rights attorney. traumatic brain injuries Schaumburg employment law attorneys premises liability Illinois trusts attorney car accidents Inverness accident lawyer Rolling Meadows criminal attorney LLCs car crash real estate contract Palatine probate lawyer Crystal Lake traffic attorney federal regulations for LLCs license reinstatement Barrington criminal lawyer Inverness civil lawyer Illinois defective products attorney Schaumburg real estate lawyer boating DUI underinsured motorist texting while driving college kids deed transfer life insurance claims Schaumburg insurance lawyers Barrington attorney home inspection lawyer traffic offenses workers compensation benefits Deer Park personal injury lawyer estate attorney life insurance Retaliatory Discharge Barrington business law firm Illinois traffic laws Illinois employment law suspended license Illinois employment law attorneys gift taxes medical malpractice Illinois insurance claims lawyers filing a medical malpractice claim healthcare claims medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers pedestrian accident Rolling Meadows personal injury attorney back injuries Des Plaines accident attorney Illinois bicycle safety Palatine estate planning lawyer Schaumburg traffic lawyer estate planning estate planning lawyer medical research Illinois Inverness elder law lawyer construction contracts tax attorney Rolling Meadows litigation lawyer Chicago estate planning lawyer power of attorney Super Mario Palatine trusts lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Buffalo Grove traffic attorney drug crimes insurance denial appeals rollover car crashes Schaumburg estate planning lawyer wrongful death DUI defense traffic crimes mortgage estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois Transfer on Death Instrument criminal law Illinois traffic accident lawyer caregiver special needs trust employees Des Plaines personal injury attorney underfunded trust Illinois criminal defense attorney Legal Info Crystal Lake medical malpractice law firm Barrington employment law firm real estate closing Des Plaines DUI attorney unauthorized overtime Federal Food Drug and Cosmetic Act Barrington real estate lawyer Crystal Lake pet attorney Illinois small business Landlord Tenant Ordinance traffic tickets employment contract trench injuries insurance attorney Rolling Meadows personal injury lawyers Schaumburg employment attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Palatine law firm employment lawyer Crystal Lake medical malpractice attorneys field sobriety test Arlington Heights car accident lawyer Crystal Lake civil litigation lawyer murder defense jet ski accidents Schaumburg Attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys estate planning trusts Buffalo Grove personal injury attorney Illinois employment law firm Illinois pet lawyer Rolling Meadows personal injury lawyer Crystal Lake criminal defense attorney Home Sale Contingencies brain injury whistleblower protections senior citizens Colin Gilbert modern family estate planning Mount Prospect wills and trusts lawyers installment contracts Deer Park traffic accident attorney Illinois Workers’ Compensation Commission Illinois living will Rolling Meadows business lawyer wrongful termination Barrington civil litigation attorney compensatory time Palatine traffic lawyer health insurance dispute surgical mistakes guardianship attorney Illinois Human Rights Act IRA trust transfer Illinois Wage Payment and Collection Act Chicago insurance law firm preventing accidents involuntary manslaughter commercial leasing taxes icy parking lots spinal cord injury Illinois workers compensation attorney Kenilworth estate planning lawyer Schaumburg injury lawyer estate planning for college students Deer Park medical malpractice attorney Arlington Heights personal injury lawyer no contest clauses unpaid overtime Arlington Heights insurance attorney corporate law condo association Arlington Heights personal injury attorney Illinois medical malpractice attorney drunk driving statistics condo head on collisions preventable medical errors Illinois corporate lawyer civil litigation manufacturing elder abuse Schaumburg elder law lawyer South Barrington real estate attorney Rolling Meadows insurance dispute lawyers, insurance dispute drug crime Crystal Lake personal injury attorney Palatine punch death Schaumburg wrongful death attorney healthcare Rolling Meadows traffic law firm defective products gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys dealing with problem employees homestead rights estate plan driving Crystal Lake estate planning lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois LLC creation Rolling Meadows boating crash lawyer insurance adjusters Illinois injury lawyer Long Grove estate planning attorney natural gas explosion first degree murder Mount Prospect real estate lawyer Arlington Heights tax lawyer workplace sexual harassment social media after death food poisoning Fourth of July Crystal Lake employment attorney Rolling Meadows employment law attorney Whistleblower Claims digital assets Schaumburg personal injury attorney dog bites Illinois insurance claim attorney Transfer on Death Instrument Colin H. Gilbert consent to a search Inverness corporate attorney PTSD Illinois boating accident lawyer holiday statistics Crystal Lake insurance lawyer Inverness traffic law firm Schaumburg drug defense lawyer uninsured motorist Crystal Lake employment lawyer probate claims Crystal Lake business law attorneys Chicago attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Rolling Meadows power of attorney for healthcare slip and fall distracted driving accident victims Illinois insurance claim dispute lawyer unpaid assessment Arlington Heights wills and trusts attorneys workers compensation Palatine employment lawyer Do Not Resuscitate insurance claim dispute traffic accidents Illinois pedestrian accident attorney Illinois insurance dispute lawyers Buffalo Grove criminal defense lawyer Schaumburg probate attorney Schaumburg personal injury lawyers digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers sole proprietorship trusts Palatine elder law attorney Policy Cancellation medication errors defective products lawyer Inverness DUI lawyer motorcycle accident Long Grove real estate lawyer Illinois DUI attorney residential real estate Illinois trucking safety loopholes Rolling Meadows insurance attorney Barrington workers compensation attorney Chicago car accident lawyer sexual images