It can often take a long time between when you first file for divorce and when a Court grants the divorce. Most states have a mandatory waiting period of anywhere from a month to six months, or longer, before a Court can grant a divorce. If there are contested issues in the divorce, it can take even longer. This can create issues with parts of your estate plan.

After you get divorced, the law assumes that you meant to remove your ex-spouse from your Will, even if you have not done so. However, what happens if you pass away while your divorce is still pending? That can be a hotly contested issue in Probate that is not easy for the Court to resolve.

A Will is just one example of an estate planning problem while a divorce is pending. What if you become incapacitated and your spouse is still listed as your agent in a General Durable Power of Attorney or a Health Care Power of Attorney? The person you are divorcing is probably not the person you want making your health care and financial decisions.

If you are in the middle of a divorce, take some time to review your estate planning documents.  If your spouse has an important role in them, consider changing them before the divorce is final.

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Ryan M. Denman and Dennis D. Duffy

Duffy Law Office

Duffy Law Office is a member of the American Academy of Estate Planning Attorneys.

If you’ve recently gone through a divorce, you’ve probably taken the time to update your estate plan to make sure that it meets your current needs and that your ex-spouse doesn’t get your assets.  This is especially important, so that your current wishes are followed.  Unfortunately, this isn’t the only thing that you should do to ensure that your assets aren’t given to your ex-spouse.  Take a look at some of the information below, to learn more.  If you need help making sure that all aspects of your estate plan are protected after a divorce, meet with an estate planning attorney.

Do you have any of the following accounts?

• Life insurance policies
• Retirement accounts
• Pension plans
• Disability insurance policies
• Annuities

The above accounts require you to use a beneficiary designation form to name a beneficiary who will receive your assets after your death.  In many cases, you fill out this form when you first create your account.  If it’s been several years since you’ve opened your accounts, you may have forgotten the importance of naming beneficiaries.

Your beneficiary designations may still list your ex-spouse.  If this is the case and you were to die tomorrow, your assets would be given to your ex-spouse.  It also doesn’t matter if you have changed other aspects of your planning such as your estate planning documents, because the above policies and accounts are only able to designate beneficiaries with the use of this form.  In other words, your will and trust do not control these assets.

Changing beneficiaries is very easy to do.  It’s important to review your designations after a divorce or other life change so that they meet your current intent.

Are you looking to make sure that your other estate planning needs are met after divorce?  If you need help updating your estate plan so that your assets are protected from an ex-spouse, consult with a qualified estate planning attorney.

Duffy Law Office is a member of the American Academy of Estate Planning Attorneys.