Second marriages may place inheritances at risk without appropriate estate planning.

Weddings are joyous occasions.

For those who are remarrying, these nuptials can bring a fresh start with a loving and supportive spouse.

As couples prepare for the upcoming wedding and all the excitement, they may overlook possible financial and relational pitfalls.

If one or both spouses have children from previous relationship, the risk of estate conflict over inheritances is high.

Assuming your familial love will prevent future conflict is naïve.

My advice to marrying couples is this: "Love may be blind, but it is best to go into the marriage with both eyes wide open."

Those entering into second marriages must discuss their wishes and update their estate plans to protect the financial security of both the children and the spouse.

Failing to do so can lead to future misunderstandings, unintended disinheritances, and legal battles.

Second marriages require thoughtful and strategic estate planning.

Understand How the Law Treats Second Marriages

If you never had an estate plan and are getting remarried, then your assets will be distributed according to intestacy laws should you die before creating an estate plan.

Because intestacy laws vary by state, knowing how your state of residence would handle inheritance distributions is important.

While many states prioritize spouses and biological children, some may give most or all assets to the spouse and leave your children with little or nothing.

Even if you have a last will and testament, you want to ensure it is updated and aligns with your goals.

Another complication involves the possibility of your surviving spouse being able to claim a statutory “elective share,” in contrast to your wishes.

What is an “elective share”?

An elective share is a legal right for spouses to receive at least a specified portion of the estate and can override the terms of the last will.

When your new spouse inherits all or a greater portion of the estate, your children could be unintentionally disinherited when the assets enter your spouse's estate and are distributed according to his or her last will.

Conflict and complications over financial matters and estate planning can be exacerbated when considerable age gaps, significant financial gaps, family histories of conflict, and business ownerships are brought into second marriages.

Use Trusts to Protect Both Spouse and Children

When protecting children and the new spouse is a priority, trusts are beneficial instruments.

With a revocable living trust, you can maintain control of your assets while alive and provide specific instructions for their management and distribution when you die.

One type of trust commonly used by remarried couples is a Qualified Terminable Interest Property (QTIP) trust.

How does a QTIP trust work?

It gives a surviving spouse income for life and directs remaining assets to the deceased spouse's children.

The popularity of this estate planning tool stems from its ability to provide and protect an inheritance for biological children and the surviving spouse.

Added trust benefits include specificity and privacy.

Because fully-funded revocable living trusts distribute assets outside of probate, your affairs are not made public.

Consequently, the risk of estate battles decreases.

Keep Beneficiary Designations Up to Date

Various assets pass directly to heirs through beneficiary or transfer-on-death designations.

These include retirement accounts, life insurance policies, motor vehicles, brokerage accounts, and bank accounts.

Whatever is recorded on these beneficiary forms supersedes the instructions outlined in your last will or revocable living trust.

If you listed your ex-spouse as a beneficiary and never updated your beneficiary forms, your ex could inherit these assets instead of your new spouse or children.

Yikes!

Reviewing and updating beneficiary designations after a second marriage is key to financially supporting your children and new spouse.

Additionally, dividing assets across multiple accounts can benefit all blended family members.

It is important to work with an experienced estate planning attorney to ensure your beneficiary designations and other estate planning documents align.

Communicate Your Intentions Clearly

Because estate battles often arise from unmet expectations, you should clearly communicate your estate planning wishes.

You may not think your loved ones are making assumptions about your house, family heirlooms, or other assets, but they likely are.

To avoid surprises, explain your wishes to your loved ones and talk with them about their concerns.

Although discussing financial matters and your eventual death will likely be uncomfortable, it can protect your loved ones and your legacy from future misunderstandings.

What are Key Takeaways for Estate Planning and Second Marriages?

Although remarriage can be a wonderful experience, it can also trigger greater estate planning risks and complications.

Trusts can help blended families provide for the needs of all loved ones.

Because beneficiary designations overrule other estate planning documents, reviewing and updating them after a second marriage is essential.

Elective share and intestacy laws can undermine your wishes if you do not account for them in estate planning.

Working with an experienced estate attorney and communicating your wishes clearly to loved ones will help you protect everyone you love and everything you have in this next chapter of life.

References: CBC News (April 1, 2025) "Director Norman Jewison's wife cut him off from family, coerced him to change $30M will, lawsuits claimed" and Marriage.com (Oct 12, 2023) "5 Tips to Avoid Inheritance Issues in Second Marriages"