Marriage changes legal and financial responsibilities, including how you handle assets. If you recently got married, updating your estate plan protects your spouse and clarifies your wishes. Ignoring these updates may create unintended consequences under California law.
Community property and your assets
California law treats assets acquired during marriage as community property, meaning both spouses share equal ownership. If you pass away without updating your estate plan, your spouse automatically receives half of shared assets. However, separate property—assets owned before marriage or received as gifts or inheritances—does not transfer to your spouse unless you designate it in your will or trust.
Updating your will and beneficiaries
Marriage often changes your preferred beneficiaries. If your estate plan names parents or siblings as heirs, your spouse may not receive the assets you intended. California law allows a surviving spouse to claim part of the estate, but this may not match your wishes. Updating your will and beneficiary designations on life insurance policies, retirement accounts, and bank accounts ensures proper asset distribution.
Power of attorney and health care directives
An estate plan includes more than asset distribution. Assigning power of attorney and health care directives allows your spouse to manage finances or make medical decisions if you become incapacitated. Without these documents, your spouse must seek court approval to act on your behalf. Updating these forms prevents legal complications and delays.
Avoiding probate with a trust
A living trust helps married couples avoid probate, which increases costs and delays. Trusts allow assets to transfer directly to beneficiaries without court involvement. If you created a trust before marriage, you may need to amend it to include your spouse or clarify asset distribution.
Keep your estate plan up to date
Marriage affects estate planning in many ways. Reviewing and updating your plan protects your spouse and ensures proper asset distribution. Regular reviews help you adjust for changes in property, family dynamics, or state laws.