Frost Law Group prepares plans for blended families in Summerville: trusts that provide for a surviving spouse while preserving assets for children of a prior relationship, and wills that treat stepchildren as you intend. Tara Frost has seen what happens in probate court when families skip this step.
Why the defaults fail blended families
South Carolina's intestacy statute leaves everything to a surviving spouse when there are no children, and half when there are—but stepchildren are not “children” under the statute and inherit nothing. A simple “I leave everything to my spouse” will has a second problem: once the assets belong to your spouse, your children have no claim to what is left when the spouse dies or remarries. The elective-share statute (S.C. Code § 62-2-201) also lets a surviving spouse claim one-third of a probate estate regardless of what the will says, which surprises couples who assumed a will alone kept things separate.
Tools that work
- A marital trust. The surviving spouse receives income (and principal for health and support) for life; the remainder passes to your children. Neither side can change the outcome.
- Separate and joint shares. A joint revocable trust with separate sub-trusts for “his,” “hers” and “ours” assets, each with its own beneficiaries.
- Prenuptial or postnuptial agreements. The reliable way to waive the elective share and define what is separate.
- Beneficiary designations. Retirement accounts and life insurance pass by designation, not by will; they must be coordinated or they undo the plan.
- Specific provisions for stepchildren. Named as beneficiaries if you intend it, or expressly omitted if you do not, so nobody has to guess.
- The house. A right for the spouse to live there for life with the remainder to your children, and clarity about who pays taxes, insurance and repairs.
A common Summerville scenario
A retired couple, each with adult children from a first marriage, buys a home together in Nexton. Each assumes “my half goes to my kids.” Without a plan, the survivor owns the entire house by survivorship and their will—or intestacy—decides where all of it goes. A joint trust with a life interest for the survivor and a split remainder fixes it in one document.
Protect both families.
Bring your spouse, or come alone first. Either way we will map the plan before drafting anything.
Questions people ask
Can I leave my stepchildren an inheritance?
Yes, by naming them in your will or trust. They do not inherit automatically.
Can my spouse and I have different wills?
Yes, and in blended families you usually should, alongside a joint trust or an agreement that neither will be changed after the first death.
Related pages
Revocable living trust
Avoid probate, plan for incapacity, keep it private. When a trust is worth it.
Learn moreLast will and testament
Who inherits, who is in charge, and who raises the kids—decided by you, not the statute.
Learn morePlan reviews & trust amendments
Second opinions on existing plans; amendments and restatements of trusts.
Learn more