Q: I just got remarried; do I need to make any special updates to my estate plan to protect my children?

| Feb 17, 2021 | Estate Planning, Q&A |

A: If you get remarried and never update your estate planning documents before your death, the state of California will automatically include your new spouse in your estate plan by default. The Omitted Spouse Statutes (probate code sections 2160, 21611, and 21612) protect against leaving out a surviving spouse for reasons such as oversight, accident, mistake, or unexpected change of condition. If you’re in your second/third/fourth marriage and want to ensure that your children are fully included as beneficiaries of your estate plan, you need to update your Will or Trust to specifically state your intent to not provide for your spouse (assuming those are your wishes!)

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