Family Lawsuits and Second Marriages: How to Protect Your Loved Ones from Costly Disputes

May 13, 2025
Bradley Campbell
litigation lawyers in Tyler TX
Blended families face unique estate planning risks—without clear documents and careful planning, inheritance conflicts between spouses and children are almost inevitable.
Attorney Bradley Campbell
Bradley Campbell
Bradley Campbell has over 35 years of experience. A trusted advisor and counselor, Attorney Campbell will help you find solutions for your case by focusing on personal attention, communication, and professionalism. If you need an attorney for probate, business law, or real estate with the experience and understanding to serve you with the individualized care and attention that your case deserves. Attorney Campbell provides consultations throughout the week at our convenient locations in Tyler, TX and Mineola, TX.

Second marriages often bring happiness and new beginnings—but they can also lead to complex family dynamics that turn emotional wounds into legal battles. When parents remarry, especially later in life or when significant assets are involved, disputes between step-parents and adult children become more common.

If you’re part of a blended family, it’s critical to understand how estate planning—or the lack of it—can ignite serious family lawsuits. At Campbell Law Firm, our experienced litigation lawyers in Tyler TX help families navigate these difficult situations and work to prevent disputes before they begin.

A High-Profile Example: The Norman Jewison Estate Battle

Hollywood director Norman Jewison’s life was filled with cinematic success, but his final years became a real-life drama of family conflict. After suffering strokes and declining health, Jewison became heavily reliant on his second wife, Lynne St. David Jewison. According to multiple lawsuits filed by his children, she allegedly isolated him from family and friends, took over his communications, and pressured him to change his $30 million estate plan to favor her over his children.

Just months before his death, Jewison signed a new will that disinherited his children, leaving the majority of his fortune to his second wife and a charitable foundation she controlled. His children fought these changes in courts across California and Canada, alleging undue influence and elder abuse. Although the cases were ultimately settled through mediation, the family endured years of legal battles and fractured relationships—a stark reminder of what can happen when estate planning is left vulnerable to manipulation.

Why Are Second Marriages Prone to Inheritance Problems?

Blended families face unique legal challenges because their relationships often lack the shared history and trust that first families have. Factors like large age gaps, significant personal assets, business ownership, and strained family ties can all contribute to disputes. Without proper legal documentation, the following issues often arise:

  • Unintentional Disinheritance: Without updated wills or trusts, biological children can be accidentally or intentionally left out of inheritance plans.
  • Elective Share Claims: Surviving spouses have legal rights to claim a portion of the estate, even if a will says otherwise.
  • Step-Parent Conflicts: Children from a previous marriage may distrust or resent a surviving step-parent, especially if that person controls the family’s assets after the parent's death.

If you don’t proactively plan, state laws and probate courts will make decisions for you—often leading to outcomes you would never have intended.

Common Types of Family Lawsuits in Second Marriages

1. Will Contests

Adult children may contest a will, claiming their parent was coerced or lacked the mental capacity to make sound decisions. Allegations of undue influence, as seen in the Jewison case, are common and can drag on for years in court. Read more in our article, Contesting an Invalid Will: Protecting Your Rights in Probate Court.

2. Trust Disputes

Even with trusts in place, disagreements over the interpretation of trust documents or the actions of trustees can lead to litigation. Family members may claim a trustee is mismanaging funds or failing to follow the deceased’s wishes.

3. Breach of Fiduciary Duty

If a surviving spouse or other appointed trustee is accused of mishandling estate assets, family members can file lawsuits alleging breach of fiduciary duty. This often involves accusations of self-dealing or failing to provide for the deceased’s children.

4. Guardianship and Conservatorship Disputes

When aging parents become incapacitated, fights often break out over who should control their finances and healthcare decisions. This can lead to costly and emotionally charged legal proceedings.

How to Prevent Family Lawsuits After a Second Marriage

1. Work with Experienced Estate Planning Attorneys

Proper legal planning is the single most effective way to prevent family disputes. At Campbell Law Firm, our litigation lawyers in Tyler TX frequently advise clients to establish trusts that clearly define how assets should be managed and distributed.

One common solution is a Qualified Terminable Interest Property (QTIP) Trust, which provides income to a surviving spouse while preserving the remaining assets for children from a prior marriage. This ensures that both the spouse and the children are financially protected.

2. Update Wills, Trusts, and Beneficiary Designations

Many assets pass directly through beneficiary designations, regardless of what your will says. Ensure that life insurance policies, retirement accounts, and bank accounts reflect your current wishes to avoid unintentionally leaving assets to a former spouse or the wrong heirs.

3. Communicate Clearly with Your Family

While it may feel uncomfortable, discussing your estate plans with both your spouse and your children can help prevent misunderstandings and future litigation. Explain how your plans protect everyone’s interests and why you’ve made certain decisions.

4. Choose Trustees and Executors Carefully

Avoid appointing someone who could have a conflict of interest. Consider hiring a professional trustee or corporate executor to manage the estate impartially and minimize personal tensions.

When Litigation Is Unavoidable

Even with the best planning, disputes can still arise. If you’re facing a family lawsuit over a second marriage inheritance issue, you need experienced legal counsel to protect your rights and navigate the complex legal landscape.

Our litigation lawyers in Tyler TX manage cases including will contests, trust disputes, and guardianship litigation. We take a compassionate, strategic approach to resolve disputes through negotiation or litigation, always focused on preserving family relationships where possible and protecting your financial interests. Read more in our article, Avoiding Probate Litigation and Family Disputes: Lessons from Tony Bennett’s Estate.

Protect Your Legacy—Before Conflict Starts

Don’t let your loved ones face the emotional and financial strain of a costly legal battle. With careful planning and the right legal guidance, you can ensure that your wishes are honored and your family is protected. Book a consultation with the litigation team at Campbell Law Firm today to start building a plan that prevents disputes before they arise.

Key Takeaways

  • Second marriages create unique estate risks: Children or spouses may be unintentionally disinherited without proper planning.
  • Trusts can support blended families reasonably: Trusts like QTIPs allow you to provide for a spouse, while preserving inheritance for children.
  • Update beneficiaries after remarriage: Retirement accounts and life insurance policies must reflect current intentions.
  • State laws may override your wishes: Elective shares and intestacy rules can lead to outcomes you didn’t plan for.
  • Open communication prevents conflict: Clear conversations backed by legal documentation help blended families navigate inheritance with fewer disputes. Read more in our article, Communication is Key in Generational Estate Planning.

References: CBC News (April 1, 2025) "Director Norman Jewison's wife cut him off from family, coerced him to change $30M will, lawsuits claimed" and Marriage.com (Oct 12, 2023) "5 Tips to Avoid Inheritance Issues in Second Marriages"

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