Major life events call for you to update your estate plan. In New York, getting married, divorced, or having a child can affect who inherits your assets, who makes decisions for you, and whether your existing documents still reflect your wishes. Some changes happen automatically under New York law, but most require deliberate action.
An estate plan is not something you do once and forget. It is a living set of documents that should reflect your current life, not the life you had when you first signed them. Marriage, divorce, and the arrival of a child are three of the most common triggers for an estate plan review, and each one carries specific legal implications.
Below, attorney Ken Seligson at Seligson Law walks through what changes after each life event, what the law does automatically, and what you need to do yourself.
Marriage
Getting married in New York changes your legal rights and the rights of your new spouse, whether you update your estate plan or not.
Your spouse’s elective share rights
Under EPTL Section 5-1.1-A, a surviving spouse in New York has the right to claim an elective share of your estate, currently the greater of $50,000 or one third of your net estate, regardless of what your will says. This means even if you do not update your will after marriage, your spouse may have legal rights to a portion of your estate.
What to update after marriage
Getting married does not automatically revoke your existing will in New York. If you had a will before marriage that leaves everything to someone else, that will still stands after you marry unless you update it. Here is what you should review and update as soon as possible after getting married:
- Your will, to name your spouse as a beneficiary and potentially as executor
- Beneficiary designations on life insurance, retirement accounts, and investment accounts
- Your power of attorney, to give your spouse authority to manage your finances if you are incapacitated
- Your health care proxy, to name your spouse as your health care agent
- Any existing trust documents that need to reflect your new family structure
Prenuptial agreements and estate planning
If you signed a prenuptial agreement before marriage, your estate plan needs to be consistent with it. A will or trust that conflicts with a prenup can create legal disputes. An estate planning attorney can review both documents together and make sure they work in the same direction.
Divorce
Divorce triggers one of the most important automatic protections in New York estate law, but it does not do everything for you.
What EPTL 5-1.4 does automatically
Under EPTL Section 5-1.4, once your divorce is finalized in New York, any revocable disposition to your former spouse is automatically revoked. This includes gifts in your will, beneficiary designations in revocable trusts and life insurance policies, and your former spouse’s appointment as executor, trustee, health care agent, or attorney-in-fact.
In plain English: once your divorce is final, your ex is treated as though they died before you and your alternate beneficiaries and successor agents step in instead.
What EPTL 5-1.4 does not cover
This automatic protection has important limits. It does not take effect until the divorce is completely final. If you die during a pending divorce, your spouse may still inherit under your existing documents. It also does not apply to irrevocable beneficiary designations, certain financial accounts governed by federal law, or gifts to your former spouse’s family members who may still be named in your documents.
This means you should not rely on EPTL 5-1.4 alone. A clean update of all your documents after divorce is the only reliable protection.
What to update after divorce
- Execute a new will that reflects your post-divorce wishes
- Update beneficiary designations on all retirement accounts, life insurance policies, and investment accounts
- Review and update any trust documents
- Name a new power of attorney agent and health care proxy
- Review joint accounts and jointly held property
- If you have children, confirm or update guardian nominations
What about the period during divorce proceedings?
EPTL 5-1.4 only takes effect when the divorce is final. During the pendency of a divorce, your existing estate plan still applies. If you are concerned about what would happen if you died before the divorce is concluded, speak with an attorney about interim planning options.
Life events move fast. Your estate plan should keep up. Seligson Law is here to help you update your estate plans after marriage, divorce, and major life changes. Send us a message to schedule your consultation today.
Having Children
The birth or adoption of a child is one of the most urgent triggers for an estate plan update, particularly if you do not yet have a will.
Naming a guardian
If you have a minor child and you die without a valid will that names a guardian, a New York court decides who raises your child. The court will consider the best interests of the child, but it will not necessarily choose the person you would have chosen. A will that names a guardian is the only way to put your wishes on record.
Under EPTL Section 5-3.2, if a child is born after you sign your will and your will does not provide for them, that child may still be entitled to a share of your estate depending on your circumstances. If you had no children when you signed the will, your after-born child could receive the share they would have received had you died without a will.
If you already had children and provided for them in your will, the after-born child may share equally with them. Either way, the distribution may not match what you actually intended, and the guardian question remains unaddressed.
Setting up a trust for your child
Minor children cannot directly inherit significant assets in New York. If you leave money directly to a minor and no trust is in place, a court may appoint a guardian of the property to manage the funds until the child turns 18, at which point they receive everything outright.
Most parents do not want their child to receive a large inheritance at 18 with no structure or oversight. A revocable living trust or a testamentary trust within your will can address this by controlling when and how the child receives their inheritance.
What to update after having a child
- Update your will to name a guardian and provide for your child
- Consider adding a trust provision to manage assets for your child’s benefit
- Update beneficiary designations to reflect your new family structure
- Review your life insurance coverage to make sure it is adequate
- Update your power of attorney and health care proxy if needed
Documents That Are Commonly Overlooked After a Life Event
Most people remember to update their will after a major life event. Fewer remember to update everything else. Here are the documents that are most commonly overlooked:
- Retirement accounts such as IRAs and 401(k)s, which pass by beneficiary designation and are not controlled by your will
- Life insurance policies
- Transfer on death accounts and payable on death bank accounts
- Joint tenancy property
- Digital asset access and instructions
A beneficiary designation on a retirement account overrides your will. If your ex-spouse is still named as the beneficiary of your IRA, they may receive it regardless of what your will says and regardless of EPTL 5-1.4 in some circumstances.
Talk to a New York Estate Planning Lawyer at Seligson Law
Marriage, divorce, and children each change what your estate plan needs to accomplish. The documents you signed years ago may no longer protect the people you care about most. Call Seligson Law at 213-293-6692 or send us a message to schedule a consultation and make sure your documents are still doing what you need them to do.
Frequently Asked Questions: Updating Your Estate Plan in New York
1. Does getting married automatically update my will in New York?
No. In New York, marriage does not automatically revoke or update an existing will. If you had a will before marriage that does not name your new spouse, it generally remains valid after marriage. However, your spouse does have elective share rights under EPTL Section 5-1.1-A regardless of what your will says. You should update your will and all beneficiary designations promptly after getting married.
2. Does divorce automatically remove my ex-spouse from my will in New York?
Yes, once the divorce is final. Under EPTL Section 5-1.4, a final divorce automatically revokes any revocable disposition to your former spouse in your will, trusts, and most beneficiary designations and removes them from any fiduciary roles. However, this protection does not apply during pending divorce proceedings, and it does not cover all assets. Updating your documents after divorce is still essential.
3. What happens to my child if I die without a will naming a guardian in New York?
If you die without a will that names a guardian, a New York court will decide who raises your child based on the best interests of the child. The court is not bound by your preferences unless they are documented. A will that names a guardian is the only way to formally record your wishes.
4. Can my minor child inherit directly from my estate in New York?
Minor children cannot directly manage significant assets in New York. If you leave money to a minor without a trust in place, a court may appoint a guardian of the property to manage the funds until the child turns 18. At that point the child receives everything outright. A trust gives you control over when and how your child receives their inheritance. Learn more about how trusts work in New York.
5. What documents do I need to update after a major life event?
After marriage, divorce, or the birth of a child, you should review and potentially update your will, all beneficiary designations on retirement accounts and life insurance, any trust documents, your power of attorney, and your health care proxy. Beneficiary designations in particular override your will and are commonly overlooked.
6. How often should I review my estate plan in New York?
You should review your estate plan any time you experience a major life event, including marriage, divorce, the birth or adoption of a child, the death of a beneficiary or named fiduciary, a significant change in assets, or a move to a new state. Even without a major event, a review every three to five years is good practice to make sure your documents still reflect current law and your current wishes.
