Divorce and Estate Planning: Revising Your Will After a Marital Split

Going through a divorce is a multi-faceted process. There are so many things to be decided, such as spousal support, child custody, child support, and division of assets. You must also set up your own checking and savings account, create a new budget, and make new living arrangements. With everything going on and the emotional turmoil you are likely experiencing, you may forget about updating your estate plan. However, there are several reasons why revising your will should be a priority.

How Is Your Will Impacted by Your Divorce?

Specific provisions in your will may be automatically revoked when your divorce is completed per California Probate Code Section 6122. This includes voiding any gifts or inheritances designated for your former spouse. And if your will names your former spouse as the executor, the designation is revoked. Remember, during the pendency of your divorce, your will or trust remain in full force and effect. Consider an interim will during your divorce and then revisit the will once completed. 

Your Divorce’s Impact on Other Estate Planning Documents

If your spouse is named as your financial power of attorney or your healthcare proxy, you will want to remove them and appoint someone else. You will also need to update the beneficiary designations on life insurance policies and retirement accounts.

Considerations for Divorced Parents When Revising Their Will

If you have children, you will want to specify who you wish to act as guardian for your minor children if both you and your ex-spouse pass away. You will also likely want to set up trusts to manage your children’s inheritance until they reach adulthood.

How Do California’s Community Property Laws Impact Your Will?

Assets acquired during your marriage are generally considered community property and were subjected to division upon your divorce. This can affect the distribution of your estate. You must ensure that your will accurately reflects the division of assets as determined by the divorce settlement.

Another’s Divorce May Also Impact Your Will

We often name family members or close friends as guardians of our minor children if something were to happen to us and the other parent. If a couple is jointly named and they divorce, you must make sure that change is reflected in your will.

Revising Your Will After Your Divorce

Even though California automatically makes some changes to your will upon your divorce, it’s essential to update your will to reflect your new circumstances and intentions. You should explicitly revoke your previous will to prevent any confusion or legal disputes. You will then need to draft a new will designating new beneficiaries, executors, and guardians.

Consult an LPEP Attorney

Estate laws can be complex, especially immediately following your divorce. Our attorneys at Lonich Patton Ehrlich Policastri can assist you with both your divorce and revising your will.

Our lawyers have extensive expertise in handling all matters of family law and estate planning. We will thoroughly review all your documents and ensure they are correctly updated and legally sound. 

Contact us for a free consultation by calling (408) 553-0801. You will have the peace of mind of knowing that your assets are distributed according to your wishes and that your loved ones are provided for.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.