Estate Planning Essentials After Divorce
Amy Felt

Divorce brings both emotional and legal complexities, making it crucial to revisit your estate planning documents. Validity after a divorce requires making sure that wills, trusts, and beneficiary designations align with your new realities.

Reassign Powers of Attorney

During marriage, many partners grant each other medical and financial powers of attorney. After divorce, it's essential to revoke these permissions to prevent your ex-spouse from making key decisions on your behalf. Select someone you trust, like a sibling, adult child, or friend, to assume these roles. Updating your powers of attorney is pivotal to ensuring the right person makes important life decisions for you.

Redesignate Beneficiaries

Assets such as life insurance policies, retirement accounts, and bank accounts often bypass the probate process, directly going to named beneficiaries. To reflect your current wishes, it's vital to replace your ex-spouse on these designations. Although a straightforward task, it's imperative to not overlook it, as a significant portion of your assets will depend on these updates.

Update Will and Trust

Revoking any existing will or trust that benefits an ex-spouse is necessary after a divorce because previous designations might remain valid otherwise. Consider naming a new heir or heirs to ensure your estate matches your post-divorce intentions. If you have minor children, you should assign a legal guardian for them, someone who would manage any assets on their behalf until they reach adulthood. This is a critical measure to protect their future.

While navigating estate planning post-divorce might seem overwhelming, it's a necessary step to protect yourself and your loved ones. Engaging with an estate planning attorney can provide vital assistance in reviewing and updating all essential documents. Taking these steps now will reward you with peace of mind for the future.

If you haven't already, consult with a skilled estate planning attorney today to ensure your estate plan reflects your current life situation.