Hello ,

Major life changes like divorce and remarriage can have serious and sometimes unintended consequences for your estate plan. Marriage immediately gives spouses certain legal rights, but divorce doesn't undo everything.

Marriage Creates Automatic Legal Rights 

As soon as you get married, your spouse gains a legal interest in any real estate you own in North Carolina, even if: 

• The property was purchased before marriage
• Your spouse's name is not on the deed

Marriage also gives a spouse:

• The right to claim an elective share of an estate 
• The right to request a year's allowance
• Certain protections that override an outdated will 

These rights can be waved - only knowingly and formally - through a prenuptial or postnuptial agreement. 

What Happens After Divorce?

After a divorce, an ex-spouse is typically removed as:

• Executor under your will
• Agent under a durable power of attorney 
• Beneficiary under your will

However, this automatic removal does not apply to everything.

The Bottom Line

Marriage and divorce are emotional, life-altering events; but they are also major legal events with lasting estate planning consequences and concerns. 

Your estate plan includes more than just a will. It also includes:

• Power of Attorney 
• Trusts
• Deeds
• Beneficiary designations on accounts and policies

Any major life change - marriage, divorce, remarriage - is a clear sign your estate plan should be reviewed and updated. 

Thank you for reading our e-newsletter dedicated to protecting your assets and planning for long-term care. We look forward to assisting you with strategic legal solutions that ensure your peace of mind.

Greg McIntyre

Elder Law & Estate Planning Attorney 

P.S. Sharing is caring! Forward this newsletter to someone who may benefit from understanding the power of Revocable Living Trusts.