Will Guide
Introduction
What Happens if You Die Without a Will
Probate
Leaving Property to Heirs
Guardianships
Debts
Homes and Family Residence
Testamentary Trusts
Amending and Revoking Your Will
Marriage, Divorce and Children
Estate Taxes
Will FAQs
What is a will?
What happens if you die without a will?
Is my out-of-state will valid if I move?
What makes a will legal?
Can I make a handwritten will?
Do I have to file my will with a court or in public records?
Can I disinherit someone?
What should I do with my will after I sign it?
Can I change or revoke my will after I make it?
What happens to my debts after I die?
Where can I get my will notarized?

What You Need To Know

Marriage, Divorce and Children



Certain events will automatically change your present will. These events are: (1) getting married; (2) getting divorced; and, (3) having or adopting children.

If you get married after making your will and do not rewrite it, your new spouse automatically gets a share of your estate. The share is the same as if you never wrote a will in the first place. Exceptions to this rule are if you have a prenuptial agreement, if you made a provision in your will for your spouse, or if you wrote in your will that you specifically intended not to mention your prospective spouse. None of these exceptions are considered in the EstateGuidance Last Will and Testament. Therefore, in the event an automatic change occurs, you should rewrite your will using EstateGuidance or seek the advice of an attorney.

If you get divorced after you write your will, your ex-spouse is automatically deleted from his or her share of the will. However, you should probably not rely on this and rewrite your will. Otherwise your ex-spouse may contest the will, costing your estate a lot of money to defend.

If you have a child after making your will and do not rewrite it, the child gets a share of your estate as if the will were never written in the first place.

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