Yes. Marriage or remarriage is an important time to review your estate plan. Your existing living trust, will, powers of attorney, health care documents, property titles, and beneficiary designations may no longer reflect what you want for your new spouse or other family members.

Does marriage automatically update my estate plan?

No. Getting married does not automatically rewrite all your documents or ensure every asset passes as you intend. Review who is named to inherit property and who has authority to make financial or health care decisions. A California estate planning attorney can help identify any mismatch between your current wishes and the documents you signed before marriage.

Why is remarriage especially important for estate planning?

Remarriage can create competing concerns when either spouse has children from an earlier relationship. You may want to provide for your spouse while preserving an intended inheritance for children or other relatives. Clear instructions can reduce confusion and future family conflict.

How does California community property affect our plan?

An attorney should determine which assets are separate property, community property, or jointly held, and review any prenuptial or marital agreement. How property is classified and titled may affect the way it is handled in an estate plan. Read the firm's overview of community property in California.

Should I change my trustees and beneficiary designations?

Possibly. Review successor trustees, executors, agents, and beneficiaries in light of your new circumstances. A beneficiary designation on an account may operate separately from the trust. Make sure all documents and accounts are coordinated rather than updating just one part of the plan.

Do I need an amendment or a trust restatement after marriage?

That depends on the scope of the changes. A limited amendment may be enough in some cases; a restatement can be more appropriate if many provisions need revision. Learn more about updating a living trust, and have an attorney examine the entire estate plan before choosing an approach.

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.