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Telfer Family Law & Mediation

Salt Lake City Divorce & Mediation

phone number
801-464-4004

  • Home
  • About Diana Telfer
    • FAQs
  • Family Law
    • Collaborative Divorce
    • Mediation
    • Premarital Agreements
    • Limited Representation Services
    • Child Custody/Child Support
    • Alimony
    • Negotiated Settlements
    • Special Master
  • Blog
    • In The News
  • Schedule an Appointment
  • Pay Online

We have money set aside for the children

November 10, 2026 By Diana Telfer

6 Conversations Blended Families Need to Have

It sounds reassuring. But which children? Who owns the account? Who decides how the money is used? And will those intentions still be honored if a parent dies or the marriage ends?

Having been a stepparent, I understand that conversations about fairness can become personal quickly. One person may want to protect savings accumulated for a child before the marriage. The other may worry that keeping those funds separate creates divisions within the new family.

Both concerns deserve a conversation. Loving a blended family does not require treating every dollar as a shared resource. It does require clarity about what belongs to each child, what the adults have promised, and what they plan to build together.

Is the money legally the child’s or simply intended for the child?

    A savings account nicknamed “Emma’s College Fund” does not necessarily belong to Emma. The account’s legal ownership matters more than the name the family uses.

    An account held in a parent’s name, a custodial account, a trust, and a 529 education savings account can have very different rules.

    For example, gifts properly transferred into a UGMA or UTMA custodial account generally belong to the child and are irrevocable. The adult custodian manages the property until the required transfer age under applicable law. That money is not a general family fund to redistribute among siblings or stepchildren.

    Start by identifying each account’s owner, beneficiary, source of funds, and restrictions. Keep records of contributions and gift instructions. “We all know what this money is for” provides much less protection than accurate account documents and a clear written plan.

    1. Many parents assume that naming a child as a 529 beneficiary guarantees the money will remain available to that child. With an ordinary individually owned 529 account, however, the account owner generally controls transactions. The beneficiary does not automatically have that authority. Custodial 529 accounts have different restrictions.

    That distinction matters in a blended family. A parent may believe the savings are permanently reserved for an older child, while their spouse assumes unused funds could eventually help a younger child or stepchild.

    Discuss the possibilities before anyone needs the money:

    • Will existing savings remain dedicated to the currently named child?
    • Who will make future contributions?
    • What expenses do the adults intend to cover?
    • What happens if the child receives a scholarship or chooses another path?
    • Under what circumstances would changing the beneficiary be considered?

    Beneficiary changes and withdrawals can have legal and tax consequences. Before moving money, confirm the plan’s rules and obtain advice about the proposed transaction.

    What did the grandparents intend?

      Gifts from grandparents can carry expectations that no one has said aloud.

      A grandparent may contribute toward one grandchild’s education. A parent may view the contribution as help with the family’s overall college expenses. A new spouse may wonder whether all the children will receive similar support.

      The uncomfortable conversation is often the necessary one: Was this a gift to a particular child, a contribution to an adult-owned account, or a promise to help later?

      If grandparents own the account, do not assume the parents control it. If they are contributing to someone else’s account, discuss whether that arrangement reflects their intentions.

      Grandparents may choose to give different amounts to different grandchildren. The couple can discuss how to handle those differences compassionately without promising equal gifts from relatives or redirecting money that belongs to a child.

      Avoid making children explain, defend, or apologize for gifts they receive.

      What happens if a parent dies?

        “I trust my spouse to take care of everyone” may be heartfelt. It still leaves important questions unanswered.

        Who will manage the children’s accounts? Will that person understand the original intentions? How will a surviving spouse’s needs be balanced with commitments to children from a prior relationship?

        For Utah’s my529 plan, an account owner can designate a successor owner who assumes the account’s rights and obligations after the owner dies. Naming that person deserves careful thought; it is a decision about future control of the account. my529

        Review account designations alongside wills, trusts, life insurance, and premarital agreements. Ask an estate planning attorney to help coordinate the documents rather than assuming one document handles everything.

        If the intention is to provide for a surviving spouse while preserving a particular share for children, discuss how to put that intention into an appropriate legal structure. Do not leave the surviving family to interpret a promise during a time of grief.

        What happens to the home one spouse owned before the marriage?

          A home can carry more than financial value. It may be where children grew up, a parent’s largest asset, or something they always intended to leave to their children. When it becomes the couple’s home during a second marriage, it also becomes the new spouse’s source of stability.

          Those overlapping expectations deserve a conversation before someone dies or the marriage ends.

          If the couple divorces, a home owned before marriage generally starts as separate property under Utah law. However, contributions during the marriage, changes in ownership, and other circumstances can affect the outcome. Do not assume that keeping only one name on the deed answers every question.

          Consider a parent who wants the children to inherit the home but also wants the surviving spouse to have a secure place to live. Simply saying, “My spouse can stay there, and the children will get it later,” leaves everyone with unanswered questions:

          • Can the surviving spouse remain for life or for a defined period?
          • Who pays the mortgage, property taxes, insurance, repairs, and major improvements?
          • What happens if the surviving spouse moves, remarries, or needs long-term care?
          • Can the home be sold, and how would the proceeds be handled?
          • Will the children inherit the home itself, a percentage of its value, or other assets instead?

          An estate planning attorney can help evaluate options such as a trust or a carefully defined right to occupy the home, while accounting for the surviving spouse’s legal rights. Premarital agreements and estate planning documents should be coordinated so the arrangements work together.

          These conversations can feel uncomfortable. But protecting a spouse’s housing security and preserving an inheritance for children are both legitimate goals. A clear plan can prevent the surviving spouse and the children from having to negotiate those competing needs while grieving.

          What happens if the marriage ends?

            Children’s savings should be addressed directly in settlement discussions.

            For a 529 account, the agreement may need to identify who will own it, how statements will be shared, how withdrawals will be documented, and what restrictions will apply to ownership or beneficiary changes. Utah’s my529 offers options including account division, ownership changes, and view-only access, depending on the circumstances and required documentation. my529

            Money that legally belongs to a child requires separate attention from assets owned by the spouses. Grandparent-owned accounts also require care: the couple should not promise control over funds neither spouse owns.

            When discussing future education expenses, clarify how existing savings will fit into each parent’s contributions. Otherwise, one parent may expect the account to pay first while the other expects to preserve it for later expenses.

            Protecting a child’s share begins with a conversation

            Fairness in a blended family does not always mean every child starts with the same account balance. Children may have different grandparents, existing savings, needs, and commitments from their parents.

            The goal is to understand those differences and make deliberate decisions without turning the children into competitors.

            Before combining finances, gather the account documents and discuss three questions:
            Whose money is this?
            Who controls it?
            What needs to happen to protect its intended purpose?

            At Telfer Family Law & Mediation, I help couples work through the financial conversations that accompany marriage, blended families, and divorce. Addressing children’s savings through thoughtful planning, premarital agreements, or a negotiated settlement can give everyone clearer expectations—and help preserve what was intended for the children

            You can contact me via this form: https://telferfamilylaw.com/contact/

            Filed Under: Children & Co-Parenting

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            My second go around in the family court system and Diana has made all the difference ! I wish i used her for the first round. She is so involved that I’ve never feel like my case is “streamlined”. I’m constantly amazed how knowledgeable she is and she foreshadows things to come and how to prepare. As a parent who makes my kids my whole world, Diana has my 100% endorsement. I don’t think she will ever fully know what she has done for my family, my boys and I thank you Diana!

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