If you've remarried after a divorce or the death of a spouse, you've probably told us some version of the same goal: "I want my spouse taken care of when I'm gone, but after my spouse passes away, I want what's left to go to my children." In Louisiana, a revocable living trust may be the better tool for accomplishing that goal than a Will alone — and here's why. A Will can leave everything to your spouse, but your spouse isn't legally required to leave your children anything, no matter what your Will says — so your children may ultimately receive nothing. A Will can instead leave everything to your children, but then your spouse may not be provided for the way you'd like. A properly drafted trust solves this problem - it lets you provide for your spouse for their lifetime while guaranteeing that whatever remains passes to your children afterward.
When you name who receives your assets and property in a Will, you decide who receives it outright. But once your heirs own that property outright, they get to decide who receives it next — not you. If your spouse remarries after receiving your assets and later decides to leave everything they own — including everything you left them — to their new spouse, they are legally allowed to do that. If your spouse changes their Will after you're gone and leaves your children out, despite whatever agreement you may have had, they are legally allowed to do that too.
Louisiana's usufruct laws offer a partial solution. A usufruct lets your surviving spouse use your one-half interest in community property for life, while the ownership itself is preserved for your children (called "naked owners" under Louisiana law). But a usufruct has real limits: it only applies to a deceased spouse's share of community property, not to separate property; unless your estate plan says otherwise, it automatically terminates if your spouse remarries; and your children can require your spouse to post security in certain circumstances. For a deeper look at how usufruct works alongside Louisiana's forced heirship and community property rules, see our article on estate planning in civil law Louisiana.
A trust closes these gaps. Unlike a Will or a usufruct, a properly drafted trust lets you control how your assets pass — not just to your spouse, but through your spouse to your children — regardless of whether your spouse remarries or changes their mind later. In other words: when your plan relies on informal agreements and good intentions instead of legal structure, it isn't really a plan at all.
When you establish a trust, you name a trustee to hold and manage the trust assets for your beneficiaries. Trusts generally take one of two forms: a revocable living trust, which you create and fund during your lifetime, or a testamentary trust, which is created under your Will and only comes into existence at your death. With a revocable living trust, you're typically your own initial trustee and beneficiary while you're alive; the trust document then names who takes over as trustee, and who benefits, after you pass away. Several types of trusts can work well for a blended family, and each can typically be structured either way:
One non-trust option is also worth mentioning: you don't have to leave everything to one person or split every asset equally. You can direct specific assets to specific people — for example, leaving your house to your spouse and naming your children as life insurance beneficiaries. Your spouse keeps a stable home for life; your children still receive an inheritance. For some families, that's the simplest solution of all.
Choosing a trustee is one of the most important decisions in a blended family trust. You want someone organized and capable — but just as important, someone who can work with, and be respected by, all of your heirs.
Many people name their surviving spouse as the sole successor trustee. But this can recreate the exact conflict a trust was meant to avoid: when your surviving spouse has complete control over assets that will ultimately pass to your children, your children may question every decision your spouse makes with trust assets.
A few alternatives can reduce that risk:
We hear a lot of questions about trusts — and a lot of misconceptions, especially with the recent wave of estate planning advice from social media influencers. There's no one-size-fits-all answer, and the state you live in makes a significant difference in whether a trust is the right fit.
Isn't a trust only for wealthy people?
No. A trust is about structure and control, not estate size. A trust lets you direct assets to specific people at specific times, place limitations on how and when assets are received, and control who can access them. A Will alone can't do any of that.
Won't I lose control of the assets while I'm alive?
Not with a revocable living trust — you control and benefit from the assets during your lifetime, and you can amend or revoke the trust at any time while you're living. A testamentary trust doesn't raise this concern at all, since it doesn't exist until your death — your assets stay in your name, exactly as they would without a trust, until then.
Is a trust expensive?
A trust-based estate plan costs more upfront than a Will-based plan — typically several thousand dollars for an individualized plan. But contested successions in Louisiana routinely cost far more: legal fees alone can run into the tens of thousands of dollars, driven by hourly rates of $250 to $500 or more, plus the time and expense of discovery and hearings. For most families, the upfront cost of a trust is a fraction of what a contested succession could cost their spouse and children later.
Won't my spouse feel like I don't trust them?
It's possible — but most spouses understand once you explain that a trust isn't about distrust, it's about protecting them too, including from pressure or conflict with adult children. This is especially true when your spouse is part of the planning process from the start.
Is a Trust-Based Estate Plan Right for Your Blended Family?
Consider whether any of the following describe your family:
If any of these describe your family, a trust-based estate plan is worth serious consideration.
You don't have to choose between your spouse and your children. With the right estate plan, you can provide for and protect both. If a trust-based estate plan sounds like the right fit for your blended family, we'd like to help.
Aspen Estate Planning offers a free, 30-minute initial phone consultation, so you can ask questions and decide whether working with us is right for your family. We serve blended families throughout the Northshore and Greater New Orleans area, and we'll walk you through exactly what a personalized estate plan would look like for your situation.
Contact us today at (504) 284-8910 or schedule your consultation online to get started.
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