blog home Property Division How a Second (or Third) Marriage Impacts Inheritance in Pennsylvania

How a Second (or Third) Marriage Impacts Inheritance in Pennsylvania

By Sheryl Rentz on June 23, 2025

Blended families are increasingly common, and with them come complex legal questions about inheritance, especially after a second or third marriage.

If you’ve remarried or are planning to, and either you or your spouse has children from a prior relationship, it’s important to understand how Pennsylvania law addresses estate distribution in these situations.

Without a clear estate plan in place, estate law in Pennsylvania can produce unintended results that may leave your biological children, stepchildren, or surviving spouse in a vulnerable position.

At the Law Offices of Sheryl R. Rentz, P.C., we guide clients through these sensitive matters, helping families protect their wishes and avoid future legal disputes.

Second Marriages May Complicate Inheritance

In a traditional nuclear family, estate planning often assumes that assets will pass from one spouse to the other and then to their mutual children. But in a blended family, those assumptions don’t always align with reality.

You may want to provide for your new spouse without disinheriting children from a previous marriage or vice versa.

Key challenges include:

• Balancing financial support for a current spouse with preserving inheritances for biological children.
• Addressing stepchildren’s inheritance rights, which are not automatically recognized under Pennsylvania law.
• Clarifying ownership of shared property, especially when each spouse brings assets into the marriage.
• Avoiding disputes among surviving family members who may have different expectations.

Inheritance Laws in Pennsylvania

When someone dies without a will in Pennsylvania, the state has a specific set of laws that apply. This is known as intestate succession. In such cases, the state determines how property is distributed among surviving relatives.

Here’s how intestate succession typically works in a blended family:

• If you die with a surviving spouse and children from a previous relationship, your spouse receives $30,000 plus half of the remaining estate, and your biological children share the other half.
• If you have no children, your spouse may inherit more or all of your estate.
• Stepchildren do not automatically inherit anything unless they were legally adopted or specifically included in a will.

However, this default system may not reflect your actual intentions. This is why blended family estate planning is crucial.

Inheritance Rights of Spouses in a Second Marriage

A surviving spouse in Pennsylvania—whether from a first or subsequent marriage—has strong legal protections, including the right to elect against the will. This means that even if the deceased tried to leave the spouse less than they are entitled to, the surviving spouse can claim a statutory share (up to one-third of the estate).

This legal mechanism is intended to prevent disinheritance, but it can also conflict with the interests of children from a previous marriage.

If you’re remarried and want to control how your estate is divided, you must plan ahead to avoid a court battle between your spouse and your children.

Stepchildren and Inheritance in Pennsylvania

One of the most common misconceptions in blended family estate planning is that stepchildren automatically inherit.

If you want your stepchildren to receive a portion of your estate, you must take proactive legal steps to include them. Otherwise, they have no legal claim, even if you raised them or you have considered them family for years.

In Pennsylvania, stepchildren inheritance rights only exist if:

• They are formally adopted by the stepparent, or
• They are explicitly named as beneficiaries in a will, trust, or other estate planning document.

Estate Planning Tools for Blended Families

To ensure your wishes are carried out—and to reduce the risk of family conflict—consider the following estate planning strategies.

Create a Legally Valid Will

A well-drafted will allows you to specify exactly who should receive what. At the Law Offices of Sheryl R. Rentz, P.C., we tailor each will to reflect your family dynamics and long-term goals.

Your will should include the following information:

• Name your spouse, biological children, and stepchildren as beneficiaries
• Allocate personal property, real estate, and financial accounts
• Nominate a trustworthy executor to manage your estate

Use Trusts to Control Asset Distribution

Trusts are powerful tools in blended families that allow you to:

• Provide income or housing for your current spouse during their lifetime
• Ensure the remaining assets pass to your children after your spouse’s death
• Set conditions on inheritance for adult children or heirs

This approach gives you more control and reduces the likelihood of disputes.

Update Beneficiary Designations

Many assets like life insurance policies, retirement accounts, and joint bank accounts are passed outside of a will based on beneficiary designations.

These must be reviewed and updated regularly, especially after a divorce or remarriage. Failing to update designations can unintentionally leave assets to an ex-spouse or omit current family members.

Consider a Prenuptial or Postnuptial Agreement

Couples entering a second or third marriage may use prenuptial or postnuptial agreements to define financial rights and expectations. These agreements can:

• Clarify which assets are separate or marital
• Protect inheritances intended for children from previous marriages
• Establish terms for spousal support or estate distribution

Sheryl R. Rentz can help you draft or review these agreements to ensure they comply with Pennsylvania law.

What Happens if You Do Nothing?

Failing to plan your estate in a blended family can lead to:

• Unintended disinheritance of your children or stepchildren
• Costly and emotional probate disputes
• Delays in asset distribution
• Court decisions that may not reflect your values or wishes

For example, if your spouse inherits the family home and then passes away without naming your children as beneficiaries, the home could end up entirely in the hands of your spouse’s heirs, leaving your children with nothing.

Why Legal Guidance Matters

Pennsylvania estate law is intricate, and the emotional layers of blended family dynamics make planning even more challenging. A qualified attorney can:

• Help you understand your legal obligations and rights
• Develop a custom estate plan that balances competing interests
• Avoid common pitfalls that result in litigation

Speak With an Experienced Divorce Estate Planning Lawyer in Montgomery County

If you’ve remarried or have a blended family, don’t leave your loved ones’ futures up to chance. The Law Offices of Sheryl R. Rentz, P.C., helps families find clarity in complex estate planning situations and create a plan that reflects your wishes and protects everyone you care about.

Call our law office at (610) 645-0100 to speak with a Montgomery County property division attorney for more information. With the right planning, you can preserve your legacy, honor your relationships, and minimize legal complications.