Updating Your Estate Plan After Marriage, Divorce, or a Baby in NYC

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The estate plan that fit your life five years ago can quietly fail after a major change. In New York City, marriage, divorce, and a new child each trigger legal consequences people overlook. Here are the mistakes to avoid after a life change.

Mistake 1: Doing nothing after you marry

Marriage gives your spouse a right of election under New York law, meaning a surviving spouse can claim a statutory share of your estate even if your old will leaves them out. Relying on a pre-marriage will can produce a result you never intended. After a NYC wedding, revisit your will under EPTL §3-2.1 and decide deliberately what your spouse should receive.

Mistake 2: Assuming divorce fixes everything automatically

New York law revokes certain provisions favoring a former spouse in your will once a divorce is final, but it does not catch everything. Beneficiary designations on retirement accounts and life insurance often still name your ex, and those forms control regardless of your will. A Bronx parent who divorced but never changed a 401(k) form can accidentally leave it to a former spouse. Update every designation immediately.

Mistake 3: Forgetting to revoke a former spouse’s authority

Your ex may still be named as your agent under a power of attorney (GOL §5-1513) or your health care proxy (PHL Article 29-C). Divorce does not always cancel these cleanly, so execute fresh documents naming someone you currently trust.

Mistake 4: Not naming a guardian after a new child

When a child is born or adopted, your will is the place to nominate a guardian. Without that nomination, the Surrogate’s Court decides who raises your child if both parents are gone. New parents in NYC should add a guardian nomination, and a backup, as soon as possible.

Mistake 5: Leaving money directly to a minor

A child cannot legally manage an inheritance, so leaving assets to a minor outright can force a court-supervised arrangement until age 18, then hand a large sum to a teenager. A trust under EPTL Article 7 lets you set the ages and conditions for distributions and name who manages the money in the meantime. If a child has special needs, a supplemental needs trust under EPTL §7-1.12 protects their benefits.

Mistake 6: Ignoring the estate tax after assets grow

Marriage, a new home, or a growing business can push you toward the New York estate tax threshold. The 2026 exclusion is $7,350,000, with a cliff near $7,717,500 above which the exclusion is lost entirely. Reassess after any change that significantly increases your net worth.

When to review

Treat marriage, divorce, a new child, a death in the family, or a major asset change as automatic prompts to review your will, trust, beneficiary forms, power of attorney, and health care proxy together, so they tell one consistent story.

Consult a New York attorney

A life change is exactly when an outdated plan does the most damage. A qualified New York estate planning attorney can update your documents so they reflect your family as it is today, not as it was years ago.

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DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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