How Does Remarriage Affect My Estate Plan?
What California Families in Blended Households Need to Know
If you’re getting remarried or already living in a blended family, one of the most important (and often overlooked) questions is: how does remarriage affect your estate plan?
Spoiler alert: it affects it a lot—and not always in the ways people expect.
Whether you’re bringing children into a new marriage, have a complicated relationship with a former spouse, or just want to make sure all family members are taken care of fairly, revisiting your estate plan after remarriage is essential.
Why Your Old Estate Plan Might Not Work Anymore
Many people think that estate planning is a one-and-done kind of deal. You create a will or trust once, stash it in a drawer, and move on with life.
But if you’ve remarried—or are planning to—the truth is that your existing estate plan may no longer reflect your wishes or your legal obligations. Here are just a few common issues that come up after remarriage:
- Your current spouse may have inheritance rights—even if your estate plan says otherwise.
- The children you have with an ex-spouse may be unintentionally disinherited.
- Your former spouse might still be named on important documents like powers of attorney or beneficiary designations.
In California, these situations can lead to probate fights, unintended outcomes, and major tension among family members.
What Happens If I Die Without Updating My Will or Estate Plan?
In California, if you pass away without a will or trust, or if your estate planning documents have not been updated since your remarriage, state law steps in. Under California’s intestate succession rules, your new spouse will typically inherit a significant portion of your estate—even if you assumed your children would receive it all.
This is where estate planning gets complicated for blended families, and where an estate planning attorney can help. For example:
- If you own community property with your new spouse (e.g., marital property), they automatically inherit your share.
- Your separate property (like assets you had before marriage) may be split between your children and new spouse, depending on how many kids you have.
These default rules rarely match what people actually want. Most parents want to provide for their current spouse and/or ex spouse and ensure their kids receive a fair share.
Are Stepchildren Automatically Included in My Estate?
No. In California, stepchildren do not automatically inherit anything from a step-parent unless they are legally adopted or specifically named in your estate plan.
This is one of the most misunderstood aspects of blended family estate planning. You may love your step-kids like your own, but without legal adoption or express inclusion in your will or trust, they have no inheritance rights.
On the flip side, your biological children from a prior marriage could also be unintentionally left out if you leave everything to your new spouse assuming they’ll “do the right thing.” Once your spouse inherits, they’re under no legal obligation to leave anything to your kids from a previous relationship—unless your plan says so.
How Can I Protect My Spouse and My Children?
There are several estate planning tools we use at Best Coast Estate Law, P.C. to help California clients in blended families create clear, fair, and conflict-reducing estate plans:
- Revocable Living Trusts
These are incredibly helpful for blended families. You can customize exactly how and when your assets are distributed. For example, you might allow your ex spouse to live in your home for life, but have it pass to your children afterward. - Separate Property Trusts
Want to protect assets you brought into the marriage? A separate property trust can ensure they stay earmarked for your children or other beneficiaries, even after your death. - Clear Beneficiary Designations
Update your life insurance policies, retirement accounts, and payable-on-death accounts to reflect your current wishes. These designations override what’s in your will. - Prenuptial or Postnuptial Agreements
These can be key for protecting each spouse’s assets, especially in second or third marriages where both parties have children. - Power of Attorney and Advance Health Directives
Don’t forget: if your ex is still listed as your agent on old forms, they could end up making legal or medical decisions for you. That’s a disaster waiting to happen.
Why Communication is Crucial in Blended Families
The most successful estate plans for blended families start with honest conversations. Talk to your spouse about your goals, concerns, and potential complications with a previous marriage. If adult children are involved, consider explaining your decisions ahead of time. Surprises rarely go over well when emotions and inheritance are involved. Issues or disputes with big items like retirement accounts and life insurance policies are no fun for anyone involved.
A well-structured estate plan not only protects your loved ones—it can also preserve relationships between your surviving spouse and children after you’re gone.
Need Help With Estate Planning Documents After a Second Marriage?
You don’t have to figure it all out alone. At Best Coast Estate Law, P.C., we can help California families create thoughtful, personalized estate plans that reflect their real lives and real values.
Whether you’re remarried, thinking about remarriage with a new spouse, or just trying to make sure your children and spouse are both protected, we’re here to guide you every step of the way.
Schedule a free consultation today and let’s make sure your plan works for the family you have now—not just the one you had before.
