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When you marry or remarry, any pre-existing will may become void because the law assumes that you want your new spouse to be included in your estate plan and an ex-spouse excluded. The same happens with many, but not all, beneficiary designations. You may still want an ex-spouse to serve as trustee for a trust that is for the benefit of your shared children, but you should confirm these intentions to ensure that everyone understands your desires.

During a divorce, substantial time and effort are spent determining the division of assets, beneficiary designations and child custody. You should ensure that your hard-fought plan is properly implemented. You will likely want to void old Power of Attorneys and Advance Directives that name an ex-spouse and identify a new agent.

You should also revisit your estate plan when a family member is divorcing, as their divorce may affect your plans. If you pass away while an adult child is in the process of a divorce, the inheritance you intend for your child may be divided between them and their ex-spouse. We can take steps to ensure that the courts honor your wishes and not award an ex-spouse an interest in your bequest.

At Stahancyk, Kent & Hook, P.C., we can counsel you in how to avoid taxes, ensure that your beneficiaries receive distributions as you intended, and give you peace of mind that your wishes will be carried out during your lifetime and beyond. Click here for new client information.