Going through a Divorce?  Don’t Neglect Updating Your Estate Planning

09/2023

Going through a divorce can be a difficult and emotionally charged process, but it’s important to consider your estate planning during this time.

Estate planning not only involves creating a plan for the management and distribution of your assets in the event of your death, but also in the event of your incapacity. When going through a divorce, it’s essential to update your estate plan to reflect your new circumstances and ensure that your assets are distributed according to your wishes and that you have appointed the right people to care for you in the event of your incapacity.

One of the first steps in estate planning during a divorce is to review and update your Last Will and Testament. This includes removing your soon-to-be-ex-spouse as a beneficiary, executor, or trustee. You may also need to revise your plan for distributing your assets to your children or other family members. Keep in mind that your divorce may also impact the inheritance rights of your children, so it’s important to work with an attorney to ensure that your estate plan reflects your wishes and complies with any applicable laws.

Another key aspect of estate planning during a divorce is updating your powers of attorney and healthcare directives. These documents allow you to appoint someone to make financial and medical decisions on your behalf if you become incapacitated. It’s important to ensure that your estranged spouse is no longer named as your agent and that you have appointed someone you trust to make these important decisions for you.

In conclusion, estate planning is an essential part of the divorce process. By reviewing and updating your estate plan, you can ensure that your assets are distributed according to your wishes and that your loved ones are taken care of in the event of your death or incapacity.  Working with an experienced estate planning attorney helps to ensure that your plan reflects your new circumstances and complies with any applicable laws.

If you have any questions or comments about this article, please contact Jennifer E. Peck, Esq., jpeck@ssandplaw.com.