Estate Planning Challenges For Blended Families And Second Marriages
Last updated on January 13, 2026
Planning an estate for a second marriage or blended family in San Antonio, Texas, and surrounding counties can be complicated. Standard “I Love You” wills, which leave everything to a spouse, often fail to account for children from prior marriages, unintentionally disinheriting them. Working with an experienced attorney is essential to help ensure your estate plan reflects your family’s unique needs and prevents disputes after your passing.
At the Law Office of Jon R. Disrud, we have over 30 years of experience helping families in San Antonio and nearby counties address complex estate planning challenges. Our founding attorney, Jon R. Disrud, is a board-certified family law specialist, a retired lieutenant colonel in the U.S. Air Force Reserve, and a former judge advocate.
The Risk Of Accidental Disinheritance In Texas
Texas intestacy laws can create surprises for second marriages. If someone dies without a will, community property generally passes to the surviving spouse, while separate property typically passes to the biological children.
Many clients assume a spouse automatically inherits everything, but this is not always the case. Working with our San Antonio attorney helps ensure your estate plan aligns with Texas law and your family’s intentions.
Beneficiary Designations: The Most Common Mistake
Many individuals forget that divorce or remarriage does not automatically update life insurance or 401(k) beneficiaries. Even if a new will is drafted, these nonprobate assets require attention. To prevent disputes, a San Antonio lawyer can:
- Review all life insurance policies and retirement accounts
- Update beneficiary forms to reflect current family structures
- Coordinate the estate plan with nonprobate assets
Addressing these items early helps ensure your assets pass as intended and reduces the likelihood of conflict.
Navigating Texas Homestead Rights In A Remarriage
Texas law gives a surviving spouse the right to live in the family home for life, even if they do not own it. For blended families, this can complicate inheritance plans.
Our knowledgeable San Antonio attorney can help structure your estate to protect both your spouse and your children’s interests.
How Prenuptial And Postnuptial Agreements Support Your Will
Prenuptial and postnuptial agreements can safeguard assets for children from a previous marriage.
Clearly defining spousal rights in these agreements helps ensure that your estate plan distributes assets according to your intentions. We can integrate these agreements with your estate documents for a seamless plan.
Protect Your Family With The Right Attorney
Blended families in San Antonio and surrounding counties face unique estate planning challenges. Call the Law Office of Jon R. Disrud via 210-569-0581 to get started with a free consultation.