We experience big changes throughout our lifetime. Marriage, divorce, death of a spouse, and for many, as we age, a second marriage. During these times of change, our attention is usually on our family. Thinking about your will and estate plan is not usually on our minds. But it’s important to think about “what happens to my will if I remarry?”
You should take a few minutes to consider how getting remarried can create unintended consequences when it comes to our final wishes. Not to worry, with periodic reviews and updates, you can be confident that should something happen to you, your final wishes will be carried out just as you intended.
Having a valid will is essential, as you already know. With a will, you can expect that your wishes will be respected and those close to you receive what you want them to. Without one, the probate court will decide who inherits what based on state law. While getting remarried may not completely invalidate your will, it may create unintended consequences for your intended beneficiaries.
Updating your will after a second marriage can have unique challenges since second marriages often create blended families. Each spouse may have had children, property, homes, and assets. After death, spouses often want to provide for their new spouse, as well as for their own children. If you haven’t updated your will and other legal documents, they may not reflect those wishes.
Is My Will Still Valid If I Remarry?
If you get married or have a child after signing a will, the law provides for certain distributions to your spouse or the child from your estate regardless of the provisions in your original will. If you get divorced after signing a will, in Missouri, the law considers the will revoked with respect to your ex-spouse.
If you leave your spouse out of your will, regardless if drafted before or after your marriage, your new spouse can still claim a portion of your probate assets under intestate succession. According to Missouri law, if you are married, you may exclude your spouse only if it is clear that your omission was intentional or you have clearly provided for them outside your will. However, don’t leave your intentions up to the interpretation of the courts.
Updating Your Existing Will When You Remarry
It’s not uncommon for many couples to be married later in life after a first marriage didn’t succeed or after the loss of a spouse. However, many people do not realize that no matter how old you are, marriage is a major legal step that can have consequences on your will. An estate planning lawyer can help explain step-by-step how a marriage affects an inheritance for your spouse and children in your particular circumstances.
It’s important to periodically review one’s life events and provide clear guidance when drafting your will. Otherwise, family members may be left scratching their heads trying to make sense of ambiguous statements during probate proceedings. Periodic reviews are essential to ensure accuracy and to account for any changes in lifestyle or circumstances.
Beyond your will, if you get remarried for any reason, it’s crucial to look at all your assets and legal documents, including beneficiary designations and life insurance policies, to make sure they still reflect your intent. Additionally, regular updates will help avoid potential disputes among family members regarding how assets should be divided upon death as well as ensure a smooth transition of power between surviving spouses or guardians or a minor when needed.
Impact Of Marriage And Divorce On An Estate Plan
Marriage and divorce can easily complicate your estate planning goals, especially if the original documents were written prior to any important life events. It is important for individuals and newly married couples to review their existing legal documents with an estate attorney whenever there are major changes in one’s personal life. This includes marriage, divorce, births of children, deaths of family members, and other major life milestones.
Despite the dissolution of marriage, ex-spouses may retain certain rights to property held during their union. However, this does not necessarily guarantee that those same items would automatically be inherited. There may be beneficiary designations or joint accounts that need to be updated. That is why, in addition to updating your will after you remarry, it’s important to review your other assets and property to see how they are titled and update them accordingly.
Can my Children be Disinherited if I Remarry?
Changes in marital status, such as divorce or remarriage, can significantly affect your estate plan. It is essential to consider the consequences of these changes, revise any current wills, trusts, and other estate planning documents, update beneficiaries accordingly, and plan for future estate planning needs.
It is important to understand the implications of these changes. Taking proactive steps now can help ensure that your plans are carried out and ensure your assets will pass to your loved ones, just as you anticipate. Take control of your future today with a consultation with St. Louis based Wills & Trusts Lawyer Jones Elder Law. Our experienced attorneys will provide the legal advice you need to update or make a new estate plan that fits you.
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