Does Marriage Override A Will?

Introduction

When it comes to estate planning, many people wonder if their marriage can have an impact on their will. This is a valid concern since marriage is a significant life event that can affect your legal rights and obligations. In this article, we will discuss whether or not marriage can override a will and what you need to know about this topic.

What is a Will?

Before we dive into the topic of marriage and wills, it’s important to understand what a will is. A will is a legal document that outlines your wishes for how your assets and property will be distributed after your death. It can also name an executor who will be responsible for carrying out your wishes.

Marriage and Wills

When you get married, it can affect your will in several ways. In some states, getting married can automatically revoke your existing will, which means you will need to create a new one. However, in other states, marriage does not have this effect.

Community Property States

If you live in a community property state, your spouse may have certain rights to your property regardless of what your will says. In these states, any property acquired during the marriage is considered community property and is owned equally by both spouses.

Elective Share

In some states, if you try to disinherit your spouse in your will, they may be entitled to an “elective share” of your estate. This means that your spouse can choose to receive a certain percentage of your estate, regardless of what your will says.

Intestacy

If you die without a will, your assets will be distributed according to the laws of your state. In many cases, this means that your spouse will receive a certain portion of your estate. However, the exact distribution will depend on the state in which you live.

Updating Your Will

If you get married or divorced, it’s important to update your will to reflect your new circumstances. This ensures that your wishes are carried out as you intended and can prevent any legal disputes down the line.

Prenuptial Agreements

If you are getting married and want to ensure that your assets are distributed according to your wishes, you may want to consider a prenuptial agreement. This is a legal document that outlines how your assets will be divided in the event of divorce or death.

Conclusion

In conclusion, marriage can have an impact on your will, but the exact effect will depend on the laws of your state and your individual circumstances. If you want to ensure that your assets are distributed according to your wishes, it’s important to create a will and update it as needed. Additionally, if you are getting married, consider a prenuptial agreement to protect your assets.