Does Marriage Override A Will?

The Basics of Wills and Marriage

When a person creates a will, they typically do so to ensure that their wishes are carried out after their death. A will outlines how a person’s assets and property should be distributed, and who should be responsible for carrying out their wishes. However, what happens to a person’s will when they get married? Does marriage automatically override a will?

The Short Answer

The short answer is no, marriage does not automatically override a will. However, there are some important things to consider when it comes to wills and marriage.

How Marriage Can Affect Your Will

While marriage does not automatically invalidate a will, it can have an impact on how your assets and property are distributed after your death. For example, if you get married and do not update your will, your spouse may be entitled to a portion of your estate, even if your will specifies that your assets should be distributed to other individuals or organizations.

Intestate Succession

If you die without a will, your assets will be distributed according to the laws of intestate succession in your state. In many states, if you are married and die without a will, your spouse will automatically inherit a portion of your estate, regardless of what your wishes may have been.

Updating Your Will

To ensure that your wishes are carried out after your death, it is important to update your will after getting married. This may involve revising the beneficiaries listed in your will, or making other changes to ensure that your spouse and other loved ones are provided for.

Joint Property and Assets

Another important consideration when it comes to marriage and wills is joint property and assets. If you and your spouse own property or assets jointly, these assets may pass to your spouse automatically after your death, regardless of what your will says.

Community Property States

In some states, such as California and Texas, property acquired during the marriage is considered community property, which means that both spouses have an equal claim to the property. In these states, if you die without a will or other estate planning documents, your spouse may automatically inherit a portion of your community property, regardless of your wishes.

Protecting Your Wishes

To ensure that your wishes are carried out after your death, it is important to take steps to protect your estate. This may involve creating a trust, updating your will, or taking other estate planning measures to ensure that your assets and property are distributed according to your wishes.

Working with an Attorney

If you have questions about how marriage may impact your will or estate plan, it is important to work with an experienced estate planning attorney. An attorney can help you understand your options and develop a plan that protects your wishes and ensures that your assets are distributed according to your wishes.

Conclusion

In conclusion, while marriage does not automatically override a will, there are important considerations to keep in mind when it comes to wills and marriage. To ensure that your wishes are carried out after your death, it is important to update your will after getting married, and to take steps to protect your estate and assets. By working with an experienced estate planning attorney, you can develop a plan that protects your wishes and ensures that your loved ones are provided for after your death.