Austin Probate Lawyer

The Disintegrating Nuclear Family – Effects on Estate Planning

The term “nuclear family” is a fairly recent term (coined in the late 1940s, according to Merriam-Webster) which describes a very old tradition. The phrase refers to the common western family ‘unit,’ consisting of the father, mother, and their children. It was originally used in contrast to the term “extended family,” which includes relatives outside of the immediate unit.

Modern Trends in Family Structure

In western societies, the modern era has seen a gradual move away from the nuclear family towards more complex family structures. Much of this trend can be attributed to the rise in acceptability and frequency of divorces and remarriages, as well as the loosening of sexual barriers and the resulting increase in children born illegitimately (during the course of an affair, for example) or out of wedlock. As a consequence of these social developments, more and more American families are now categorized as either single-parent, blended, or binuclear.

A Difficult Situation

These modern trends have significantly complicated the process of estate planning. Now more than ever, people are having to confront difficult questions when doing even basic estate planning. When writing a will, for example, a testator is no longer able to simply name their children as beneficiaries. Instead, they may be forced to choose between children from their first marriage and those from a subsequent marriage, for example. It’s easy to see how such a situation can lead to conflict somewhere down the road.

Careful estate planning is even more important now than before. If a decedent’s will is not crystal clear, complicated family dynamics can spark disputes which tear apart relationships and cost valuable time and money. As such, people who plan their estates not only need to consider their assets, but also strike a balance between their desires and the rights that their different beneficiaries may feel entitled to. This is not an easy task, but it is one that every responsible person should undertake.

For experienced legal counsel and advice for your estate planning needs, call an Austin probate lawyer from Slater, Kennon & Pugh LLP at 512-338-1100 today.