Estate planning, probate, wills, living trusts, POwer of attorney

What happens to your Estate Plan if you get a divorce?

California has a law that after divorce, any gifts in your Will to your now ex-spouse are revoked. Even so, it is best to create an entirely new Will.

What happens to your Estate Plan if you get a divorce?

Divorce is a mess. I know first-hand. There are several things you should consider after some of the smoke clears. If you don’t have an estate plan, now would be a great time to get it done. If you do have an estate plan, you will want to make some changes.

California has a law that after divorce, any gifts in your Will to your now ex-spouse are revoked. Even so, it is best to create an entirely new Will. One of the reasons is that your Will is used to name a guardian for your children. If you have children with your ex-spouse, and barring any ruling to the contrary, if one spouse dies, the court will most likely award the surviving spouse custody. In the event that both parents are unavailable, your designation of a Guardian may control who raises your children depending on the circumstances. You will also want to change the Executor and Beneficiaries named in your Will.

Be Active, Be Through

Some things to consider:

  • First and foremost, talk to an Estate Planning Attorney like myself
  • Re-do your Will
  • Re-do your Revocable Living Trust

Change the beneficiary on the various accounts you own where you’ve named your now ex-spouse as the beneficiary such as:

  • Life Insurance
  • Power of Attorney
  • Health Care Power of Attorney (also called an Advance Healthcare Directive)
  • Retirement accounts
  • Bank accounts
  • Check your vehicle titles
  • Check your deeds to any Real Property

As I said before, divorce is a mess. I can help you clean-up your estate plan and help you get these things behind you so that you can move forward with your life.

Please feel free to give me a call today and we can review your situation and Estate Plan goals.

William Daniel Powell (Dan)

619-980-2297

****Reminder****

Just like my website, nothing in this blog is intended as legal advice. If you need legal advice, contact an attorney licensed to practice in your jurisdiction. I am licensed to practice law in California. Further, please remember that I speak in generalities in my blog (and on my website). There are so many different factors that can contribute and completely change the outcome that it would not be practical to discuss all of them here. This is why I speak in generalities. Thanks again for reading.

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The first step is fast and easy. Just tell us a few things. The next step will be a call from attorney Dan Powell and you will be well on your way to learning about your options, caring for your loved ones, and having a solid, attorney designed and drafted estate plan!

Customer Testimonials

Dan did a great job, handling the first part of our trust online and finishing with the convenience in our home. Dan handled the process within a short specified time. The process was quick and easy!

John Hale

William was very professional in every way. He listened carefully to my needs for the Trust I wanted to update. He asked all the right questions, verified all my information and he executed the Trust masterfully. He made sure I was totally covered with nothing left to chance. He was quick, efficient and knows his stuff! If I need anything in the future, I will be calling on his expertise once again.

Monteen

I have had the good fortune of knowing Dan Powell for about five years, both personally and professionally. He has always demonstrated professionalism in his knowledge of estate planning, while also conveying attributes I consider to be equally-valuable: honesty, integrity, and ethics, all while maintaining a healthy sense of humor (which I appreciate!) I would highly recommend Dan to anyone in need of professional estate planning services!

Jim Lackey

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Call and Speak With Mr. Powell Now

The first step is fast and easy. Just tell us a few things. The next step will be a call from attorney Dan Powell and you will be well on your way to learning about your options, caring for your loved ones, and having a solid, attorney designed and drafted estate plan!

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