Does a Will Override Marriage?

Does a Will Override Marriage?


Although no one is required to create a will, having a will can enable you to control how and to whom your assets are distributed after you die.

Many people falsely assume that if they get married, their spouse will automatically inherit everything after their death. If this is what they want, they may regard creating a will as pointless. However, this isn’t what happens after a spouse dies.

If you die without a will, it’s true your surviving spouse will be entitled to all the community property by way of intestate succession, but they will only be entitled to a portion of your separate property. Therefore, if you desire for your spouse to inherit all the community property and all your separate property, creating a will (or even a trust) is crucial.





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