Why Estate Plans Fail Today's Families

Traditional estate plans were largely built around a mid-20th century family model: married parents, shared children, and relatively straightforward inheritance decisions.

But today's families often include second marriages, blended households, unmarried partners, same-sex couples, and children from multiple relationships.

In this interview, Harry Margolis, author of "Get Your Ducks in a Row," explains why estate planning has become more personal and more complicated, and why families need to revisit their plans as circumstances change.

Below is a transcript of the interview with Margolis, edited for brevity and clarity.

Why traditional estate plans no longer fit many families

Bob Powell: We live in a world where modern families no longer look like the families of the 1950s or 1960s. We're dealing with many different family structures today. Where should people begin?

Harry Margolis: The first step is recognizing that the traditional family structure isn't the reality for many people. There are more people who never marry, more divorces, and more families with children from different relationships.

That makes estate planning more important. People need to review their plans more often, especially when circumstances change.

The traditional approach of leaving everything to a spouse and then dividing assets among children often doesn't work anymore. If you have children from a previous relationship, for example, you may not want all of your assets going outright to your current spouse.

State inheritance laws were largely designed around traditional family structures. While some states have updated those laws, the more complicated your family situation, the more important it is to think through your wishes and document them.

Even in a traditional family, circumstances can change after one spouse dies. A surviving spouse may remarry or enter another relationship. You may want to put protections in place for your children if that happens.

Estate planning for blended and nontraditional families

Bob Powell: Families have evolved. We have same-sex couples, blended families, and many other arrangements. If you were creating a checklist, what would it include?

Harry Margolis: The biggest thing is to think through the issues and talk about them.

I recently reviewed a plan for a family in my community. I knew one of their children but didn't realize the husband also had a child from a previous relationship.

In their estate plan, they chose not to leave assets to that child because they believed the child's mother would provide adequately for her. That may not be the choice everyone would make, but they addressed the issue and made a conscious decision.

Every family situation is different. What matters is identifying the issues and deciding what outcome you want.

The role of trusts in modern estate planning

Bob Powell: Even though things are more complicated, people still need to handle the basics: wills, beneficiary designations, health care proxies, and related documents. It just requires more thought and due diligence.

Harry Margolis: That's right.

It's also more likely that you'll want to use trusts.

If your partner is not the parent of your children, you may want to leave assets to that partner, but not outright. You might leave assets in trust so they can be used if needed and then pass to your children later.

You may also decide not to leave everything to a spouse. Some people might choose to split assets between a spouse and children.

The outcome depends on each family's circumstances.

Finding the right estate planning attorney

Bob Powell: Is it important to work with an estate planner who has experience with your specific family situation?

Harry Margolis: Most experienced estate planners work with a wide range of family structures.

A good estate planning attorney has likely seen situations similar to yours and can help develop a plan that meets your goals.

Final thoughts

Bob Powell: Have we missed anything?

Harry Margolis: We'll have a lot more to discuss as this series continues. But the key points are simple: Think about what you want, discuss it with your partner, if you have one, and then take steps to put that plan into place.

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This story was originally published June 27, 2026 at 3:03 AM.