Having a estate plan may or may not protect assets for biological children on the death of their parent if the parent has remarried. This is why a recent article from the New Hampshire Union Leader, “Know the Law: Ensuring Assets go where you want in your revocable trust,” advises readers to speak with an experienced estate planning attorney.
Blended families are increasingly common, and while second marriages bring new joy and support, they also raise important estate planning concerns. One of the most pressing issues for parents is how to ensure that children from a prior relationship are protected, particularly when it comes to inheritance. Without careful planning, assets intended for your children may end up going to a surviving spouse instead.
Let’s take a closer look at how Maryland law addresses this challenge, especially through the spousal elective share, and what steps you can take to safeguard your child’s future.
What Is the Spousal Elective Share in Maryland?
Maryland law protects surviving spouses from being completely disinherited. Even if a will or trust leaves nothing to the surviving spouse, that spouse has the right to claim an “elective share” of the estate.
As of recent updates to Maryland law, the elective share applies not only to probate assets (those passing through the will) but also to many non-probate assets, such as certain trusts and accounts. This broader reach is meant to prevent estate plans that try to bypass spousal rights.
In general, the surviving spouse may claim:
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One-third of the estate if there are surviving children or descendants;
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One-half of the estate if there are are no surviving children or descendants
This means that, without proactive planning, a significant portion of your estate may legally be diverted to a surviving spouse regardless of your stated wishes in a will.
Why This Matters in Second Marriages
For parents with children from a previous relationship, the spousal elective share can create tension between two competing priorities:
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Providing for a new spouse, and
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Protecting your children’s inheritance.
Without proper planning, your children could see their expected share reduced, delayed, or even lost if assets pass to a surviving spouse who later changes their own estate plan. This can create tension and feuds between your children and surviving spouse.
Strategies to Protect Your Child’s Inheritance
Families have options to balance fairness between a spouse and children. Some of the most effective tools include:
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Prenuptial or Postnuptial Agreements
Couples can agree in writing to waive or limit elective share rights. This ensures both spouses enter the marriage with a clear understanding of inheritance expectations. -
Trust Planning
Revocable or irrevocable trusts can be structured to provide for a surviving spouse during their lifetime, while preserving the remaining assets for children after the spouse passes away. -
Life Insurance and Beneficiary Designations
Directing certain assets, like life insurance proceeds or retirement accounts, to children ensures they receive an inheritance outside of the probate process. -
Careful Asset Titling
Ownership matters. Jointly held property, payable-on-death accounts, and trust assets all interact differently with elective share rules.
Take Control of Your Legacy
Estate planning in a second marriage is rarely straightforward, and a spousal elective share makes it even more important to seek legal guidance. The good news is that with proper planning, you can care for both your spouse and your children, without leaving their futures to chance.
At Sims & Campbell, we help families design estate plans that protect loved ones and honor your wishes. If you’re in a second marriage and want to make sure your children’s inheritance is secure, we’re here to guide you every step of the way.
Contact us today to schedule a consultation and start protecting your family’s future.
Reference: New Hampshire Union Leader (Aug. 18, 2025) “Know the Law: Ensuring Assets go where you want in your revocable trust”