Divorce may mark the end of a marriage, but it is just a detour along your estate planning journey. This pivotal life change will trigger the need for an estate plan review to see where you stand and identify the changes that you want to make.
Neglecting to update your estate plan after a divorce can lead to unintended consequences and financial hardship for your loved ones, so immediate action is required.
Here’s a comprehensive guide to navigating the estate planning landscape post-divorce.
1.) Revoke Your Will
Your existing will, drafted during your marriage, likely contains provisions that are no longer valid. To prevent your ex-spouse from inheriting any part of your estate, it’s essential to explicitly revoke the previous document. You can either destroy the original will or draft a new one stating your current wishes.
2.) Update Beneficiary Designations
Review and update beneficiary designations on all financial accounts, including retirement plans, life insurance policies, and investment accounts. Ensure your ex-spouse is removed as a beneficiary and replaced with your desired heirs. This simple step can prevent unintended distributions and ensure your assets reach their intended recipients.
3.) Consider a Trust
A revocable living trust can offer significant advantages after a divorce. It allows you to manage your assets while alive and distribute them according to your wishes upon your death. Trusts offer greater control and flexibility than traditional wills, minimizing the risk of legal challenges.
4.) Review Your Power of Attorney and Healthcare Proxy
Your power of attorney and healthcare proxy designate respective individuals authorized to make financial and medical decisions on your behalf if you become incapacitated. After a divorce, it’s crucial to review and update these documents to remove your ex-spouse and appoint new agents aligned with your current wishes.
5.) Address Alimony and Child Support
If your divorce decree involves alimony or child support payments, consider incorporating these provisions into your estate plan. A well-drafted plan can ensure these obligations continue even after your passing, providing financial stability for your ex-spouse and children.
6.) Document Your Debts and Assets
Create a detailed inventory of your assets and liabilities, including bank accounts, investments, real estate holdings, and outstanding debts. This organized documentation simplifies the estate administration process for your designated executor and ensures the accurate distribution of your assets.
7.) Seek Professional Guidance
Estate planning after divorce requires careful consideration and adherence to legal formalities. Consulting with an experienced estate planning attorney can provide invaluable guidance and ensure your documents are drafted accurately and reflect your current wishes.
8.) Regularly Review and Update
Life circumstances are dynamic, and your estate plan should evolve accordingly. Schedule regular reviews, ideally every three to five years, to update your documents and address any changes in your family or financial situation.
9.) Communicate Your Wishes
Openly discuss your estate plan with your designated beneficiaries and executor. This transparency can prevent confusion and conflict after your passing, ensuring your wishes are understood and respected.
Navigating the aftermath of divorce requires strength and resilience. By proactively addressing your estate planning needs, you can ensure your loved ones are protected and your wishes are faithfully carried out.
Attend a Complimentary Seminar!
With the new year upon us, it is a good time to address matters that have been set aside. For many, estate planning fits into this category, and you can take the first step by attending one of our seminars.
These events are carefully planned to deliver all of the most important information in a concise, easy-to-understand manner. They are conducted at convenient locations, and in addition to the learning opportunity, you have a chance to connect with our firm.
To see the dates and obtain more info, head over to our Estate Planning Seminars Page.
Need Help Now?
If you have already decided that you would like to work with an attorney to put a plan in place, we can help. Simply call us at 860-548-1000 to set up a consultation at our Glastonbury or Westport, CT estate planning offices, and you can alternately use our contact form to send us a message.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.