Remarriage often brings new beginnings—but without updating your estate plan, it can also create confusion, conflict, and unintended consequences. Many people believe their assets will naturally pass to their new spouse or children, but Tennessee’s intestacy laws and outdated estate documents may say otherwise.

Failing to update your estate plan after remarriage can result in your assets going to the wrong people, or worse, spark legal disputes between your current spouse and children from a previous relationship.

How Tennessee Intestacy Laws Affect Your Estate

If you die without a valid will or trust in Tennessee, your estate will be distributed under the state’s intestacy laws. These rules do not always reflect blended family dynamics.

In Tennessee:

• If you die with a surviving spouse and children, your estate is typically divided between them.
• If you leave no will and no children, your surviving spouse may inherit everything—but not always, depending on the type of assets involved.
• If you have children from a previous marriage, they may receive a reduced or no share unless specifically provided for.

Without clear legal documentation, your new spouse may not receive everything, or your children from a prior relationship could be unintentionally disinherited.

Why Updating Your Will Alone Isn’t Enough

Even if you update your will after remarrying, several factors can override or complicate your intentions:

• Outdated beneficiary designations. Life insurance, retirement accounts, and payable-on-death (POD) bank accounts transfer directly to the named beneficiary—regardless of what your will says. If your ex-spouse is still listed, they may receive those funds.
• Jointly owned property. Assets held in joint tenancy with rights of survivorship pass automatically to the surviving co-owner, bypassing your will.
• Statutory spousal rights. Under Tennessee law, a surviving spouse may elect to take a portion of the estate (an “elective share”) even if they are not included in your will. The amount depends on the length of the marriage and other factors.

How Trusts Provide Better Protection

Trusts offer more control than wills and help avoid probate. In remarriage situations, a properly structured trust can:

• Provide financial support to your current spouse during their lifetime, while preserving assets for your children afterward
• Keep certain assets protected from an ex-spouse or unintended heirs
• Ensure private, efficient distribution of assets without court involvement
• Reduce the likelihood of disputes or legal challenges after your death

Revocable living trusts, marital trusts, and qualified terminable interest property (QTIP) trusts are common strategies used in blended family estate planning.

Steps to Take After Remarriage

To protect your family and ensure your assets go where you intend, take the following steps:

• Update your will to reflect your current family structure and intentions
• Change beneficiary designations on life insurance, retirement accounts, and other non-probate assets
• Establish a trust if you need greater control over how assets are distributed between your spouse and children
• Review Tennessee’s spousal rights laws to understand how they might affect your estate plan

Final Thoughts

A remarriage changes everything—including your estate plan. If you don’t take the time to revise your documents, the people you care about may not be protected. Outdated wills, old beneficiary forms, or a lack of trust planning can leave your loved ones facing confusion and conflict at the worst possible time.

At Beacon Legacy Group, we help Tennessee families navigate the complexities of blended family estate planning with clarity and confidence. Contact us to schedule a review of your current plan and make sure your wishes are legally secured.