Can You Change Your Will During a Divorce?

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A divorce can significantly impact every aspect of your life, but many people are unaware that their living will can also come into play. That includes your estate plan, too. If you’re recently divorced and had written your will during the marriage, it’s in your best interest to revisit these documents so your ex doesn’t have the legal ability to stake a claim on your assets. 

Altering Your Will

Each divorce is a different situation, with some couples ending in bitter fights and others finding a more friendly path in the end. Depending on your situation, you’ll need to consider if you want your ex to be a beneficiary in any capacity on your will. 

In a best-case scenario, you can change your will during a divorce to include terms that work for both parties involved. Otherwise, it’s in your best interest to remove any mentions of your soon-to-be ex-spouse from your will. 

While it is perfectly legal to change your will during a divorce, expect doing so to change your spouse’s approach to divorce proceedings. To make sure they don’t try to hold onto asset or property claims during the process, you’ll want to hire skilled legal representation like this divorce lawyer in Orange County. Otherwise, you may find yourself on the wrong end of a losing battle over what’s yours. 

Estate and Probate

You also need to make sure that any changes you desire are legal as well as in your best interest. Shared property and finances can quickly turn into loses during a divorce, seeing assets you once held now in the hands of your former spouse. 

If that’s something you want to avoid, then it’s vital that you hire additional legal aid to rewrite these documents. Simple enter the type of lawyer you need along with your location into Google, like “estate planning Sacramento,” to find the best option in your area. These types of attorneys can ensure you retain as many assets as possible while also helping you pass assets along to your children. 

Keep in mind that there will be assets or parts of your estate your spouse could be entitled to under the law. An attorney can help clarify the law in your state, thoroughly explaining anything your spouse might hold a claim to. 

Planning the End

Your will and estate documents contain your last wishes for the disbursement of property as well as assets, but there’s more to it than just that. These documents also express your desires for medical emergencies and end-of-life care if you are unable to make decisions on your own. They also include funeral and burial wishes. 

Since you won’t be able to carry any of these out yourself, you must choose someone who will act as power of attorney to carry out those wishes for you. In most marriages, especially those without a will, that individual is the spouse. A vital part of rewriting your will is choosing a new person for this role. So, don’t forget to make that critical change. 

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