Estate Planning After Your Second Marriage

 Posted on November 23, 2025 in Estate Planning

Many people put off updating their estate plans after remarriage, but this delay can create serious problems. Without proper planning, Texas law decides who gets your assets, and the results might surprise you. 

Taking control of your estate plan now prevents family conflict and ensures your wishes are honored. Our San Antonio, TX estate planning attorney can help you ensure your beneficiaries and values are accurately reflected in your estate plan. 

Removing Your Ex-Spouse From Estate Planning Documents After Divorce

The first thing most people do after divorce is remove their former spouse from every legal document. Check every financial account, insurance policy, and beneficiary designation. Your ex-spouse might still be listed as the person who inherits your 401(k) or life insurance proceeds, and banks and insurance companies do not automatically remove ex-spouses. You must file new beneficiary designation forms for each account.

Review your power of attorney and healthcare directives too. If your ex-spouse is still named as your agent for financial or medical decisions, change these documents immediately. You do not want your former spouse making critical decisions about your money or healthcare.

Creating a New Will that Reflects Your New Marriage

If you die without updating your will after remarriage, Texas intestacy laws determine who inherits. Your new spouse gets a significant portion of your estate under Section 201.003, which might conflict with your desire to leave assets to your children from your first marriage. Draft a new will as soon as possible after your wedding, and be explicit about what your spouse receives and what goes to your children. 

How Can You Provide for Both Your Spouse and Your Children if You Remarry Later in Life?

Balancing the needs of your spouse and children requires creative estate planning tools. Everyone’s situation is different, and an attorney can help you craft an estate plan that makes sense for you. 

For example, you might consider creating a life estate for your home. Your spouse can live in the house for their lifetime, but your children inherit it after your spouse dies. This protects your children's inheritance while ensuring your spouse has housing security. 

Many people set up trusts that provide income to a spouse during their life with the principal going to their children after the spouse's death. A qualified terminable interest property trust gives your spouse income and limited control while preserving assets for your children. The trustee manages the assets according to your instructions.

What Role Does Life Insurance Play in a Second Marriage?

Many people buy a policy naming their children as beneficiaries to ensure they receive an inheritance regardless of what happens with other assets. Unlike many other assets, life insurance proceeds pass directly to named beneficiaries outside of probate.

You might even want multiple policies. One policy can provide for your spouse's immediate financial needs, while another ensures your children receive money that represents their inheritance. The amounts depend on your overall estate value and what you want each person to receive.

Should You Update Your Retirement Account Beneficiaries When You Remarry?

Think carefully about naming your spouse as the sole beneficiary of large retirement accounts if you want your children to inherit (although keep in mind that federal ERISA rules require a spouse to be a primary beneficiary on a 401(k) unless they sign a spousal waiver). Consider splitting accounts or naming both your spouse and children as beneficiaries in specific percentages. You can also use a trust as the beneficiary to control how distributions happen.

Understand the tax implications for different beneficiaries. Spouses have special options for inheriting retirement accounts that non-spouse beneficiaries do not get. A financial advisor can help structure beneficiary designations tax-efficiently.

Call a San Antonio, TX Wills & Trusts Attorney Today

Careful estate planning after a second marriage protects everyone you love and prevents future conflict. Contact The Law Office of Ryan C. Moe, PLLC at 210-861-6000 to discuss updating your estate plan. Our San Antonio, TX estate planning lawyer helps clients navigate the complex challenges of second marriages and blended families.