When life changes, your legal documents should change too. If you remarry, your existing will may no longer protect your family the way you intended. This article is worth reading because it explains how Missouri law handles wills after remarriage, what steps married couples should take to update their estate plans, and how to avoid costly probate surprises.
Outline
What happens to your will if you remarry in Missouri?
Is your will still valid after a second marriage?
How does a remarriage affect your estate plan and trust?
What does Missouri law say about your surviving spouse’s rights?
Can a former spouse still inherit under a will?
When should you draft a new will or add a codicil?
How do life insurance and IRAs fit into your estate plan after remarriage?
What if your will was executed in another state?
What steps should married couples take to update their will?
How can Missouri Legal Services help you find legal answers?
1. What happens to your will if you remarry in Missouri?
Under Missouri law, a will must be executed with the same formalities as when it was first created. However, if you remarry, that major life event can change how your assets are distributed. The law provides certain rights for your new spouse, which may override parts of your previous will.
A remarriage can trigger questions about your spouse’s right to inherit and whether your prior estate plan remains valid. Many couples are unaware of the potential conflicts that can arise between a new spouse and existing beneficiaries. Reviewing your will after remarriage helps you stay compliant with state law and avoid potential disputes among your heirs.
2. Is your will still valid after a second marriage?
Whether your will is still valid depends on several factors. In Missouri, a second marriage may not automatically revoke a will, but certain provisions can become ineffective. For example, if you leave assets to a former spouse, those designations may be revoked by operation of law after a dissolution of marriage.
If you want to provide for your new spouse, you may need to draft a new will or add a codicil. Doing so ensures your intentions are clear and that the omission was intentional rather than accidental. Remember, each will must be executed with proper formality and must comply with the requirements for a valid document under Missouri law.
3. How does a remarriage affect your estate plan and trust?
A remarriage can significantly impact your estate plan, including your trust and beneficiary designations. Your new spouse may have rights in Missouri that entitle them to a portion of your estate even if not named in your will. Revisiting your trust and will ensures your property passes as you wish.
Many couples establish a trust to protect assets for children from prior relationships. Without updates, your surviving spouse may receive more or less than intended. Estate planning after remarriage provides an opportunity to balance your spouse and children’s needs fairly and legally.
4. What does Missouri law say about your surviving spouse’s rights?
A surviving spouse may claim certain rights under Missouri law, even if not named in your will. For instance, your surviving spouse is entitled to a family allowance and may also have spousal rights to property acquired prior to your death. The law provides protections to ensure a spouse’s standard of living continues after the testator’s passing.
These protections mean that even a carefully drafted will can be overridden if the surviving spouse asserts their statutory rights. It’s essential to be aware of the potential implications of remarriage and plan accordingly to avoid confusion and conflict later.
5. Can a former spouse still inherit under a will?
After a dissolution of marriage, your ex-spouse generally loses inheritance rights under your will. Missouri law provides that any gift to a former spouse is revoked unless the will expressly states otherwise. If your will names your ex-spouse as a beneficiary, that clause may be invalidated.
To avoid disputes, review your will immediately following a divorce or remarriage. Removing an ex-spouse and naming your new spouse or children as beneficiaries keeps your estate plan current and enforceable.
6. When should you draft a new will or add a codicil?
You should draft a new will or codicil anytime you experience a major life change such as remarriage, the birth of minor children, or receiving a significant inheritance. Missouri law provides that a will must be executed properly, and making changes without following legal requirements could invalidate the document.
Adding a codicil is appropriate when minor changes are needed, but if your marital status changes, a new will is often best. This ensures your spouse as beneficiary and other designations are current and legally sound.
7. How do life insurance and IRAs fit into your estate plan after remarriage?
Life insurance policies and IRAs are not automatically governed by your will. Instead, they pass directly to the designated beneficiary. After a remarriage, these accounts need to be updated to reflect your current wishes.
Your estate plan should coordinate your will, trust, and non-probate assets such as life insurance and retirement accounts. Failing to designate a beneficiary properly can cause unintended results, especially if a former spouse remains listed on an account.
8. What if your will was executed in another state?
If your will was created in another state, you may need to review it under Missouri law. Different states have varying laws governing wills, trusts, and spousal rights. A Missouri attorney can help ensure your will meets local legal requirements.
Missouri law provides that a will must be executed according to state rules to be enforceable. Even if it was valid elsewhere, updates may be necessary to comply with Missouri’s operation of law and protect your spouse and children’s inheritance rights.
9. What steps should married couples take to update their will?
Married couples should begin by reviewing all legal documents after remarriage. Check each item of tangible property, joint accounts, and life insurance beneficiaries. If you need to update your estate plan, ensure your will is executed with proper formality and reflects your new family structure.
An attorney can help you make changes without risking revocation or invalidation. Reviewing your will regularly ensures your estate plan remains aligned with your intentions and current marital status.
10. How can Missouri Legal Services help you find legal answers?
If you have questions about how remarriage affects your will, Missouri Legal Services can provide guidance. They offer legal answers on rights in Missouri and can refer you to an attorney for more specific help. Resources are available through the Missouri Bar or the office located at missourilawyershelp.org.
An attorney can give you specific advice tailored to your family situation. Whether you need to draft a new will, establish a trust, or confirm the requirements for a valid will, professional guidance ensures your wishes are honored.
Key Takeaways
- A will may remain valid after remarriage, but updates are often required.
- Missouri law gives a surviving spouse certain rights regardless of the will’s contents.
- Life insurance and IRAs must be updated separately from your will.
- Former spouses generally lose inheritance rights after divorce.
- Always review your estate plan after any major life event to avoid confusion.
Marriage, remarriage, divorce, a death in the family, or a major change in property ownership should prompt a review of the estate plan. To review how Missouri law affects your will, beneficiary designations, and other planning documents, contact Jones Elder Law at 636-493-3333.
