Wills and Divorce
How does a divorce affect a Will?
Many couples with an estate plan will leave most of their assets and final wishes to their spouse and children. However, when going through a divorce, your will is often something that gets unmentioned, yet it is something that is important to be changed. The attorneys at Jeddeloh Snyder Stommes can assist in revising a will after a divorce.
Wills and Divorce
When going through a divorce, many things can take up your thoughts. You will need to consider items such as changing your name, bills, social security, etc. You must also revise your will. Your will usually gives all of your assets to your ex-spouse, so it is essential to actively update the document throughout a divorce to prevent this from happening. In the Minnesota Uniform Probate Code, the law addresses what happens with your will when proceeding with a divorce. The Uniform Probate Code, or “revocation on divorce law,” states that an ex-spouse is no longer legally your “surviving spouse.” Meaning, the will is put into effect as if the ex-spouse died upon the entry of filing for divorce. Therefore, things such as Financial Power of Attorney, Health Care Directives, and beneficiary designations are no longer valid.
The state law does revoke some statements in your will revolving around your former spouse. However, it’s better not to take a chance and leave out any outdated information in your will. Outdated wills can lead to confusion and grant wishes you no longer desire.
Revising a Will
It’s essential to promptly revise or develop an entirely new will during a divorce. However, you don’t always have to create an entirely new will. Some people are okay with the majority of their will but want to change certain aspects that pertain to their former spouse. Sometimes this works, yet sometimes it is best to start fresh, ensuring your will is entirely up to date. You should consider naming a new beneficiary, executor, and personal representative for health care decisions and roles that are typically filled by a spouse. Having an up-to-date will shortly after a divorce can help prevent wrongful claims from ex-spouses and unnecessary confusion.
Even though the revocation of divorce law essentially revokes beneficiary designations, it’s crucial to stay on top of changing your will throughout your divorce. Doing so can ensure your ex-spouse doesn’t have the power you no longer wish for them to have after your divorce.
The Effects a Divorce has on a Will
Divorces can be emotionally and physically draining. Looking at your will may be the last thing on your mind. But knowing what effects divorce has on your will and understanding the importance of changing your will as soon as possible is the key to helping demolish any future estate plan issues. The attorneys at Jeddeloh Snyder Stommes have earned the reputation of being a Minnesota leaders in estate planning and elder law. Contact us today to schedule your free initial consultation.
Keep your Will updated
A valid will is important to protect your estate. It is important to have an experienced legal representative on your side. Attorneys Paul Jeddeloh has the experience and expertise to be able to anticipate problems and guide you through solutions. Contact Paul Jeddeloh today to be sure your rights and the rights of your family are protected.
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The attorneys at Jeddeloh Snyder Stommes are dedicated to your case. They have been providing compassionate and trusted estate representation for over four decades. We have the experience to protect your loved ones in this time of need. Contact our top-rated estate planning attorneys and elder law attorneys to help in your future plans.