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Estate planning after divorce: What you need to know

On Behalf of | Oct 31, 2024 | Estate Planning |

Divorce can be a challenging and life-altering experience. As you adjust to your new circumstances, it is essential to consider how this change affects your estate plan. Your will may need significant updates to reflect your current situation and wishes.

Why should you update your will?

After a divorce, your priorities and beneficiaries are likely to shift. Your ex-spouse may no longer be the person you want to inherit your assets or make decisions on your behalf. Updating your will ensures the distribution of your estate according to your current wishes and protects your interests.

What are the potential changes to consider?

Your will and estate plan could change after your divorce. Consider the following potential changes:

Beneficiary designations

You may want to remove your ex-spouse as a beneficiary and redistribute their share of your estate. Consider naming new beneficiaries such as children, other family members or charitable organizations.

Executor appointment

If your ex-spouse was previously the executor of your will, you may want to appoint someone new to this role. Choose someone you trust to fulfill your final wishes and manage your estate.

Guardianship for minor children

In cases involving children, you might need to revisit guardianship arrangements. While your ex-spouse may retain custody rights, you could still designate a guardian for your children in the event of your passing.

Asset distribution

Divorce often involves dividing assets, which may significantly impact your estate. You may want to review your will to ensure that it accurately reflects your current asset ownership and desired distribution.

Trusts and other estate planning tools

If you have established trusts or other estate planning instruments, you may need to review and modify them to reflect your post-divorce situation.

Your specific circumstances may require different considerations. Consider consulting an attorney who could provide personalized guidance based on your unique situation and local laws.

It is essential to update your will and estate plan after a divorce. Doing so could protect your assets and honor your final wishes.

 

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