Divorce often changes who you want to inherit your assets and who has authority to make decisions for you upon death and if during life, if you become incapacitated. Without an updated Estate Plan by an attorney specializing in providing Estate Planning for divorcing couples and Elder Law services for divorcing couples, your ex-spouse may still be named as your primary beneficiary.
Our divorce Estate Planning lawyers and divorce Elder Law attorneys review every document that ties your finances to your marriage. We update your last will and testament, your revocable living trust or your Living Trust Plus, your financial power of attorney, and your advance medical directive / medical power of attorney so your Estate Plan and incapacity plan reflect your life after divorce, and we make sure you know how to properly update your beneficiary designations.
Why You Need a Divorce Estate Planning Lawyer
Most people update their social media before they update their Estate Plan. That gap can cost your family hundreds of thousands of dollars and years in court.
Your Ex-Spouse May Still Inherit from You
State law does not always automatically remove your ex-spouse from your will or retirement accounts when you file for divorce. A divorce Estate Planning lawyer reviews every document that names a beneficiary and makes sure the right people are protected.
Legal Separation Creates Its Own Risks
During legal separation, your marital status is in limbo. If something happens to you before the divorce is final, the wrong person may inherit your property or make financial and/or medical decisions on your behalf.
Post-Divorce Estate Updates Are Time-Sensitive
Once your divorce is final, your post-divorce estate review should happen within 30 days. The longer you wait, the greater the risk that an outdated document controls your assets. Ideally, you should update your Estate Planning documents before your divorce, when you first get separated.
Estate Planning Services and Elder Law Services for Divorcing Clients
Our law firm provides a full range of Estate Planning services for clients going through divorce or who have recently separated. Below are the key documents we review and update.
Last Will and Testament Updates
We rewrite your will to remove your ex-spouse, name a new executor, and confirm that your estate passes to the people you choose. This is the first document most people overlook.
Beneficiary Designation Reviews
Life insurance policies, IRAs, and 401(k) accounts pass via beneficiary designations, not by your will. We audit every account and help ensure you file the correct updates with each institution.
Powers of Attorney
Your health care power of attorney and financial power of attorney typically need new agents after divorce. We draft updated documents so the right person has authority to act on your behalf.
Trust Revisions and New Trusts
If you have a joint revocable trust, we help dissolve it or restructure it. If you need a new trust to protect assets for your children, our Estate Planning attorneys and Elder Law attorneys can set that up as well.
Avoiding Probate After Divorce
Updating beneficiary designations and retitling property correctly into trust ownership lets your assets transfer without going through probate. We help clients avoid probate by making sure every account and piece of property has a clear transfer path.
Schedule a Consultation With Our Law Firm
Our law firm offers initial consultations for clients going through divorce. Call us or fill out our contact form to get started.
Frequently Asked Questions
What type of lawyer do I need for Estate Planning after divorce?
You need an Estate Planning lawyer who also understands family law. A divorce Estate Planning lawyer reviews your will, beneficiary designations, powers of attorney, and any trusts. The Farr Law Firm has decades of experience with these matters.
What are common mistakes to avoid in Estate Planning after divorce?
The most common mistake is not updating beneficiary designations on retirement accounts and life insurance. These accounts transfer outside of your will, so even if your will is updated, an old beneficiary form may override it. Other mistakes include forgetting to change powers of attorney, not retitling property, and waiting too long after the divorce is final.
What are the 3 C’s of divorce?
The 3 C’s of divorce are communication, cooperation, and compromise. These principles help divorcing spouses work through property division, custody, and legal separation without drawn-out court battles. When both parties can apply these principles, the Estate Planning process after divorce is also smoother and less expensive.
How long do I have to update my Estate Plan after divorce?
There is no legal deadline, but you should update your Estate Plan as soon as possible after your divorce is final, ideally even before your divorce is final, during your separation. If you pass away with an outdated will or beneficiary designations, your assets may go to your ex-spouse or the wrong person. Most attorneys recommend completing all updates within 30 to 60 days of the final divorce decree.