Many married couples believe that updating their will is enough to ensure their estate plan is complete. In reality, your will only controls certain assets, and often, some of the most valuable accounts and policies follow different rules entirely.
Understanding what your will does and does not control is essential for protecting your spouse and preventing inheritance conflicts.
What Your Will Controls (and What It Does Not)
A will governs probate assets, those that pass through the court-supervised probate process. However, many key assets pass outside the will, directly to named beneficiaries or surviving joint owners.
These typically include:
- Retirement accounts (IRAs, 401(k)s)
- Life insurance policies
- Joint bank accounts
- Payable-on-death (POD) and transfer-on-death (TOD) accounts
These assets are paid according to their beneficiary designations or ownership structures, even if your will says otherwise. If those designations are outdated or misaligned, your estate plan may not work as intended.
Common Mismatches We See
Some of the most frequent issues arise when couples:
- Forget to update retirement account beneficiaries after a divorce or remarriage
- Add one child to a joint bank account, unintentionally giving them full ownership
- Keep pre-marriage accounts without revisiting beneficiary choices
- Set up “convenience” accounts with caregivers that later lead to disputes
- Draft a will that conflicts with what beneficiary forms or account titles say
Even if the intent is clear in your will, these mismatches can override it and lead to confusion or conflict among heirs.
A Simple One-Hour Couple’s Audit
You can catch many issues with a straightforward review:
- List all financial accounts, insurance policies, and retirement plans
- Check the named beneficiary on each
- Compare those designations to your will or trust
- Note anything that no longer fits your current goals
This review often reveals gaps that are easy to miss but important to fix.
When It Is Time to Look Deeper
Consider a more in-depth review if you:
- Hold large balances in retirement accounts
- Are in a second marriage or blended family
- Recently remarried or experienced major life changes
- Want to avoid surprises or court disputes down the line
These situations increase the risk that outdated or mismatched documents could unintentionally harm the people you care about most.
Join the “Love & Legacy” Webinar – February 18
The Feller Group is hosting a free online workshop, Love & Legacy: Protecting Your Spouse and Family, on Wednesday, February 18, 2026, at 1 PM. In just one hour, Attorney Alan D. Feller will explain how to align your wills, accounts, and beneficiary designations so your plan works exactly as intended.
Reserve your spot today to gain the clarity and confidence you need to protect your family.
Prefer a private consultation? Contact The Feller Group to review your plan and make sure every part of it, not just the will, supports the legacy you want to leave.
