623-748-4890
Lincoln & Wenk, PLLC
View Blog Navigation

Don't forget your estate plan as you divorce

Most people don't have an estate plan in place when they divorce. Too many people put off estate planning for as long as possible -- sometimes too long. However, if you do have one, it's essential to make the necessary changes to reflect your new marital status and ensure that your interests and your loved ones' needs are still protected.

While you're going to be consumed with the divorce process, you still need to give some thought before the divorce is final to what documents in your estate plan you need to amend. You may also need to add some since you'll be a single person again.

If you and your spouse have a will together, you'll need to have that replaced by a separate one. The same may be true with some or all of your trusts.

Trusts are set up for a variety of reasons, so you'll want to talk with an attorney who is experienced with estate planning to determine how best to continue to provide for your beneficiaries. As we recently discussed here, if you have a trust set up for your children, you may want to ensure that the funds can't go to children that your estranged spouse may have later with another partner.

Revisit any powers of attorney (POA) documents in which you've given decision-making authority to your spouse. Married couples often give each other the authority to handle their health care decisions and their finances if they become incapacitated. Most, but not all, couples, choose to give that authority to someone else when they divorce.

If you and your spouse designated guardians for your children in case something happened to both of you, you may want to reconsider those. If you named your in-laws as guardians, and now, they're no longer speaking to you, you may not feel comfortable with the idea of them raising your kids. However, if you named friends or family members whom both you and your co-parent continue to trust, that's one less thing you have to worry about.

It's essential to talk with the attorney who did your estate planning or another one you trust as well as with the attorney handling your divorce to ensure that your interests and those of your loved ones will continue to be protected by your estate plan as you enter this new stage of your life.

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • 2015 ARAG | Elite Service Provider
  • AV | Peer Review Rated for Ethical Standards & Legal Ability | Preeminent | Martindale-Hubbell from LexisNexis
  • American Association for Justice | Formerly the Association of Trial Lawyers of America (ATLA)
  • Arizona Association of Family Law Attorneys - AZAFLA
  • Lincoln & Wenk, PLLC BBB Business Review
  • Association of Top 100 2019 | American Trial Lawyers
  • American Academy Of Trial Attorneys | AATA | Premier 100 | 2015
  • Family Law | Top 10 | Attorney And Practice Magazine's | 2018 | Attorney
  • Top Valley Lawyers 2017 | North Valley Magazine
  • American Institute of Family Law Attorneys | 10 Best 2017-2018
  • Veteran Owned Business - A Registered Vetrepreneur on Buyveteran.com - 2014
  • Avvo Top Attorney
  • Avvo Client's Choice
Email Us For A Response

Need legal help from an attorney?
Contact us now to schedule a consultation with our lawyers

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Goodyear Office:
1616 North Litchfield Road
Suite 140
Goodyear, AZ 85395

Phone: 623-748-4890
Fax: 623-536-1984
Goodyear Law Office Map

Peoria Office:
16165 N. 83rd Avenue
Suite 200
Peoria, AZ 85381

Phone: 623-748-4890
Fax: 623-536-1984
Map & Directions

Phoenix - Desert Ridge Office:
20830 N. Tatum Blvd
Suite 210
Phoenix, AZ 85050

Phone: 623-748-4890
Fax: 623-536-1984
Phoenix Law Office Map