Updating Your Will Post-Divorce

Divorce marks a significant turning point in one’s life, bringing about crucial changes not only in your current situation, but also in how you plan for the future. Among the most important adjustments is updating your will post-divorce or creating one if you haven’t already.  Our family law attorneys specializes in this crucial aspect of post-divorce planning, ensuring that your estate is managed and distributed according to your revised wishes and that your family’s future is safeguarded. 

The Importance of Amending Your Will Post-Divorce

After a divorce it is essential to reassess and update your will to reflect your new circumstances. Failing to amend your will can result in unintended consequences, such as your ex-spouse retaining certain rights to your estate. This can complicate any potential inheritance by your children or other heirs to your estate, unless the proper steps are taken once you are no longer married. Updating your will post-divorce is not just about removing an ex-spouse from your estate. It is also about ensuring that your assets are distributed exactly as you wish, particularly to your children and other family members.

Safeguarding Your Children’s Inheritance

For parents, ensuring that children from the marriage are adequately provided for is a top priority. In many cases, you might want to leave property acquired during the marriage to these children. A validly executed will is essential in safeguarding these intentions. It can specify the exact distribution of your assets, ensuring your children’s inheritance is protected, and can formally disinherit your ex-spouse from any claim to these assets.

This is especially important if you had children prior to the marriage, then acquired property during the marriage, and got divorced. Even if that property acquired during the marriage is awarded to you in the contested or uncontested divorce, it is important to take certain steps to update your will, or your ex-spouse might have some rights to the property and interfere with your children inheriting such assets.

This principle also applies to personal property and other assets acquired during the marriage. In order to ensure that your ex-spouse has no rights to any property acquired during the marriage, all proper procedures should be taken including updating your will post-divorce (along with other estate planning documents) and updating deeds and titles to property. It is also important to update insurance policies, bank accounts, and financial investments as well.

A well-crafted will is a powerful tool to avoid unnecessary complications in the probate process. Without a will, your estate might require a bond in probate court, which can be costly and time-consuming. A will provides clear instructions on the distribution of your assets, making the probate process smoother and more straightforward for your heirs.

Utilizing Trusts to Avoid Probate Court

Estate planning extends beyond just creating or updating your will. Our estate planning attorneys are skilled in using various tools, such as trusts, to help you avoid probate court altogether or provide financial stability to special needs children or disabled relatives. Trusts can be an effective way to manage and distribute your assets upon your passing, or even while you are living in preparation for the future, and sometimes offer a more private and efficient alternative to traditional probate.

Our team is adept at all facets of estate planning. We can help you draft a last will and testament that not only protects your property and assets but also clearly defines guardianship for minor children, establishes trusts, and ensures that your final wishes are honored. Our approach is tailored to your unique situation, providing a personalized and secure plan for your estate.

Your Partner in Securing Your Legacy

At The Harris Firm, we understand the sensitivity and importance of estate planning post-divorce. Our goal is to provide you with peace of mind, knowing that your estate will be handled exactly as you wish. Contact our experienced probate attorneys today to begin the essential process of updating your will and securing your legacy for your family.