Essential Estate Planning Steps After Divorce
Phillip Ellis |
Jul 03 2025 16:52
Divorce brings a mix of emotional and legal challenges, and in the aftermath, revisiting your estate plan is crucial. As circumstances change, it’s essential to ensure key documents like wills, trusts, and beneficiary designations reflect your new reality. By undertaking estate planning, you take a powerful step toward securing your financial future and ensuring the right people are protected.
Reassign Powers of Attorney
Many couples grant each other medical and financial powers of attorney during marriage. Post-divorce, revoking these powers is a critical step to prevent an ex-spouse from making decisions on your behalf. Consider replacing them with someone you trust, such as a sibling or adult child. This update is vital to place the right person in charge of key life decisions.
Re-designate Beneficiaries
Assets like life insurance policies, retirement accounts, and bank accounts often bypass probate, directly reaching named beneficiaries. It is essential to request new beneficiary designation forms and remove your ex-spouse, selecting someone new. This process, though simple, must not be overlooked to ensure your assets are distributed according to your current wishes.
Update Will and Trust
Revoking any existing will or trust that benefits an ex-spouse is imperative. Unless explicitly changed, former designations may stand despite the marriage’s end. Be sure to name new heirs to align your estate with your present wishes. For those with minor children, assigning a legal guardian who can step in if both parents pass away or are unfit is crucial. A guardian's role includes managing any assets left for the children until adulthood.
Updating your estate plan post-divorce might feel overwhelming, but it’s necessary to protect yourself and your loved ones. Seek professional advice and act swiftly to ensure your estate mirrors your current situation.
Take action today: Consult with an estate planning attorney to review and update all essential documents. Doing so will provide peace of mind for the future, knowing that your affairs are in order.