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Should I redo my estate plan following divorce?

On Behalf of | Nov 22, 2019 | Firm News |

Going through divorce in Florida requires evaluating your entire life. Whether you did your will when you first married or more recently, now is the time to redo your estate plan. Once the divorce is final, you can relook at your assets and create a new plan.

Forbes outlines the areas of your estate plan you need to consider related to divorce. Not all documents are alterable during the divorce proceedings. Your attorney should look at any postnuptial or prenuptial agreements during the divorce. These agreements often include how the estate splits upon divorce or separation.

Once divorced, you should change the beneficiaries of your retirement accounts including any 401k plans, IRAs and pensions. If you have life insurance, now is the perfect time to change the beneficiary. These accounts have a restraining order automatically placed on them once you file for divorce, but you can change them once the divorce proceedings are over.

Many estate plans include a power of attorney and health care proxy should you ever be incapable of making financial or health decisions due to illness or accidents. If you named your spouse as the person to make these decisions, now is the right time to choose someone else. Now is the time to rethink your will including guardianship of any children, executor designation and who receives your assets upon your death. The same goes for any revocable trusts you may have.

Find any relevant documents to your estate and go over them to see what you need to change. This information is intended only to educate and should not be interpreted as legal advice.