Quick answer: Remarrying can override your existing will, trigger spousal inheritance rights under state law, and leave your children unprotected, even if your documents say otherwise. Updating your estate plan after remarriage, including beneficiary forms, powers of attorney, and trusts, is essential to make sure your assets go where you intend.
Remarriage is a fresh start. But your old estate plan may not be ready for it.
Many people assume their existing will still holds after tying the knot again. In most states, that assumption is wrong. Florida state laws automatically grant your new spouse legal rights to a portion of your estate, and outdated documents can quietly undo everything you planned for your children or loved ones.
EC Law Counsel can tell you what you need to know about estate planning after remarriage, and how to make sure your wishes are actually protected.
How State Laws Affect Your Estate Plan After Remarriage
Do Elective Share Rules Apply to a New Spouse?
Yes. Florida gives a surviving spouse the right to claim 30% of the deceased spouse’s elective estate, even if the will provides less. This elective estate can include certain assets outside the probate estate. These rights may be waived through a valid prenuptial or postnuptial agreement.
What Happens to a Will Written Before Remarriage?
In Florida, a spouse who marries the testator after the will was signed may qualify as a pretermitted spouse. Unless the spouse was provided for or waived the right, or the will intentionally excludes the spouse, the surviving spouse generally receives the share they would have inherited if the deceased spouse had died without a will. Depending on the family circumstances, that share may be one-half or all of the intestate estate. See Florida Statutes § 732.102.
Can a Prenuptial Agreement Protect Your Intentions?
A prenuptial agreement, signed before the wedding, is one of the most reliable tools for overriding these state defaults. It allows both partners to define their rights to each other’s property in advance, protecting children from a prior marriage and ensuring assets are distributed according to your actual wishes.
Critical Documents You Must Update After Remarriage
Why Do Beneficiary Forms Matter More Than Your Will?
Retirement accounts and life insurance policies pass directly to whoever is named on the beneficiary form, completely bypassing your will. If your ex-spouse or a now-deceased relative is still listed, that person, or their estate, receives those assets. Reviewing and updating all beneficiary designations is a non-negotiable step in marriage and estate planning.
What Should You Do With Outdated Powers of Attorney?
Your durable power of attorney and healthcare directive may still name a former spouse or a family member who no longer reflects your wishes. These documents authorize someone to make financial and medical decisions on your behalf if you become incapacitated. After remarrying, you will want to confirm those roles are assigned to the right person.
Do Property Titles and Bank Accounts Need to Change?
Yes. How you hold title to your home or jointly own a bank account determines who inherits it, often regardless of your will. Property held in joint tenancy with right of survivorship automatically passes to the surviving co-owner. Reviewing titles and account ownership is a critical part of updating your estate plan after remarriage.
Protecting Your Children in a Blended Family
Are Stepchildren Protected Under State Law?
No. State default laws do not treat stepchildren the same as biological or legally adopted children. Without explicitly naming them in your will or trust, stepchildren receive nothing.
How Does a QTIP Trust Help in a Blended Family?
A Qualified Terminable Interest Property (QTIP) trust is a practical solution for blended families. It allows you to provide income or support for your new spouse during their lifetime while ensuring that the remaining assets pass to your children from a prior marriage. This structure balances the needs of both your current spouse and your children without leaving either unprotected.
Update Your Estate Plan Before It Is Too Late
Marriage and estate planning are deeply connected, and remarriage makes that connection even more critical. Outdated documents, unchecked beneficiary forms, and state inheritance laws can all work against your intentions, sometimes without you ever knowing.
If you live in Florida and have recently remarried, or are planning to remarry, and have not reviewed your estate plan since, now is the time to act. EC Law Counsel can help you assess what needs to change, update your documents, and make sure your estate plan reflects your current wishes. Contact EC Law Counsel today to schedule a review.
Frequently Asked Questions
Does remarrying automatically update my will?
No. Remarriage does not automatically revise your will. In fact, most states treat a pre-existing will as potentially omitting the new spouse, which can trigger default inheritance rules that override your original intentions.
How soon after remarriage should I update my estate plan?
As soon as possible. Ideally, estate planning conversations begin before the wedding, when a prenuptial agreement can still be signed. If you are already remarried, update your plan right away.
What happens if I die without updating my beneficiary forms after remarrying?
Your assets will pass to whoever is listed on the form, whether that is an ex-spouse, a deceased relative, or someone who no longer reflects your wishes. Beneficiary forms override your will entirely.
Can I protect children from a previous marriage while also providing for my new spouse?
Yes. A QTIP trust is specifically designed for this situation. It provides for your new spouse during their lifetime while directing the remaining assets to your children after the spouse passes.
Do stepchildren inherit automatically if I remarry?
No. Stepchildren have no automatic inheritance rights under state law. You must explicitly name them in your will or trust for them to receive anything from your estate.
Eunice Cabrera
Attorney Eunice Cabrera has a unique advantage when it comes to property damage claims. Because she has worked extensively on both ends as an adjuster and as a litigator, Eunice knows how to properly evaluate a claim and obtain a settlement. She understands the strategies that work to get her clients what they rightfully deserve.
