# Planning Around Divorce and Remarriage: 3 Steps You Need to Take | Cary Estate Planning [Call Now Click Here](tel:919-659-8433) Click [HERE](https://caryestateplanning.com/contact-us/) to speak with NC’s trusted statewide Estate Planning, Probate, and Special Needs Planning Law Firm! ![Planning Around Divorce and Remarriage: 3 Steps You Need to Take](https://caryestateplanning.com/wp-content/uploads/2026/05/unnamed.jpg) # Planning Around Divorce and Remarriage: 3 Steps You Need to Take Table of Contents Toggle Cary, NC Estate Planning Lawyer In the negatively and mess of a divorce and the joy of remarriage, estate planning can often take a back seat. But, while North Carolina law precludes an ex-spouse from inheriting from your estate, the law does not tie up all of the loose ends or create presumptions around your new marriage. Planning is key during these critical changes in your family. Here are three (3) steps you need to take right away: ## Update Your Will While the law treats ex-spouses as if they predeceased you for the purposes of inheritance, if you fail to change your will, your plan is relying on alternates and contingencies. Your ex was likely your primary beneficiary, primary executor, primary guardian of the children, and primary trustee of any testamentary trust that may have been formed under the will. It’s best to make the changes that will have your will rely on primary choices rather than alternates. You may have also included people in your will just to appease your ex. Now that your ex is no longer in the picture, those people probably don’t need to be in your plan any longer. ### Change Insurance and Retirement Beneficiary Designations As explained above, North Carolina law removes ex-spouses from your will, but the law does not change your beneficiary designations on your life insurance and retirement accounts. If you fail to change these important details, your ex could get a substantial benefit from your death unintentionally. Luckily, changing beneficiary designations is easier than changing a will because the form can normally be printed off the plan’s website and completed. Wills, on the other hand, have to be witnessed and notarized and have a cost associated with its preparation. ### Appoint a New Guardian Natural parents have constitutional rights to parent their own children, so in the event you pass away while your kids are minors, your ex will be their legal guardian if he/she survives you. However, if you are the survivor, you’ll need to appoint a Guardian in the event that you pass before your kids turn 18. You may want to appoint your new partner/spouse – but only if you want to. Whenever you have a significant change in your family status, changes will likely need to be made to your estate plan. Consult an experience estate planning lawyer to develop an effective strategy for planning post-divorce. ### Author Bio ![James P. Kelly, ESQ](/wp-content/uploads/2026/05/Paul-Yokabitus.jpg) **Paul Yokabitus** Founder & Estate Planning Lawyer Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons. 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They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan. Marylin I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line. Lee After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning. Jon We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe. Tamara The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did! Tony Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm. ## Trusted Estate Planning Attorney Offices in Cary and Raleigh Serving all of North Carolina Cary Office 1255 Crescent Green, STE 200, Cary, NC 27518 [Get Directions](https://www.google.com/maps?cid=10586265549256419209) Raleigh Office 9121 Anson Way Suite 235, Raleigh, NC 27615 [Get Directions](https://www.google.com/maps?cid=14359503740153328567) Capability to meet virtually to help all NC residents [919-659-8433](tel:919-659-8433) [Contact Us Now](https://caryestateplanning.com/contact-us/) DISCLAIMER: The law firm of Cary Estate Planning cannot and does not represent you until our client intake process is completed. Further, we reserve the right to accept or decline to represent any person or organization in any matter. Nothing on this website should be considered legal advice. Copyright © 2026 Cary Estate Planning. All Rights Reserved. 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(Select all that apply) I own a home or real estate I own a business I have investments, retirement accounts, or life insurance I have children under 18 I have a child or loved one with special needs I’m caring for aging parents (sandwich generation) I’m approaching or in retirement None of the above / just getting started ### Where are you located? Cary / Western Wake County Raleigh / Central Wake County Chapel Hill / Orange County Elsewhere in North Carolina Outside North Carolina --- Source: https://caryestateplanning.com/blog/planning-around-divorce-and-remarriage-3-steps-you-need-to-take/