[IN] Is a 50/50 division between a spouse and children an equitable approach in a blended family estate plan?

Lexi, Chatbot

I understand that ensuring your will reflects your wishes is very important. Have you considered how the division of assets might affect your children from your previous marriage?

Lexi, Chatbot

Are there any specific concerns you have about how your assets will be distributed among your spouse and children?

Jon

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation.

Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

Jon

First — Indiana law.

Since you have a valid will, your estate will follow what you wrote. Indiana does not require you to divide assets equally among children. You can leave your estate however you choose.

The only legal limitation is your spouse’s elective share. In Indiana, a surviving spouse is generally entitled to at least one-third of certain portions of the estate. Since you are leaving your spouse 50%, you are safely above the statutory minimum (IN Code § 29-1-2-1 (b)). So legally, your current plan works.

Now — fairness.

Under your current structure:

• Spouse receives 50%
• The remaining 50% is divided among five children
• Each child receives 10% total

That means:

• Three children from your prior marriage receive 30% combined
• Two children from your current marriage receive 20% combined
• Your spouse receives 50%

Mathematically, each child is treated equally.

However, sometimes what feels “uneven” is that your spouse (who is the parent of two of the children) is receiving half. So indirectly, that household benefits more overall. That’s often where the discomfort comes from in blended families.

There is no legally defined “fair” percentage. Fairness is entirely based on your goals.

Common approaches in blended families include:

Option 1: Leave spouse a set percentage (for example 1/3 or 40%) and divide the remainder equally among all children.

Option 2: Leave everything in a trust for your spouse’s lifetime, with all remaining assets going equally to all five children after your spouse passes. This is very common when someone wants to protect both the spouse and all children equally long term.

Option 3: Equalize by specific assets (for example, certain real estate or securities earmarked for prior children).

If your goal is that all five children ultimately receive equal shares of your estate, a trust structure is often the cleanest solution.

If your goal is to prioritize your spouse but still treat all children equally within their portion, your current structure already does that.

The key question is:

• Do you want equality among children at your death?
• Or equality after both you and your spouse pass?

That answer determines the structure.

Jon

You’re thinking about the right issues, especially with significant assets involved. In a blended family situation, I strongly recommend having an Indiana estate planning attorney review the will to make sure it aligns precisely with your intentions.