When you get married, any will you already have will be canceled and no longer valid. When couples marry, they commonly adjust their wills to reflect their union. There are various ways to create a new will when a marriage occurs. However, if a couple divorces, it is also essential that a new will is made to reflect this significant change. Here, the Simi Valley divorce attorneys at the Law Offices of Ronald K. Stitch want to discuss how and why a divorce will affect your will.
How Will Divorce Affect Your Will
The last thing you probably thought about during the divorce was changing your will. Most people need to realize that California law states that the divorce or annulment of a marriage revokes any bequests in your will that were made to your former spouse. While that may take care of the most pressing matter (ensuring that your former spouse does not get any of your assets), it does not necessarily mean that other portions of the last will be changed satisfactorily.
Most divorce and estate planning lawyers recommend creating a new will immediately after your divorce, especially if your former spouse was a beneficiary or a trustee.
Additionally, other aspects of estate planning may need changes in the aftermath of the divorce. This includes:
- Updating your health care proxy to reflect who you want to make your health decisions should an accident or serious illness occur.
- Changing your power of attorney to reflect the separation: Couples will likely have some power over the other, giving one spouse access to the other’s accounts and documents should they become incapacitated. This includes any assets that are solely in one spouse’s name. This situation should be remedied immediately, preferably before the divorce is finalized.
- Leaving property to your former spouse: In some cases, one spouse may still wish to leave some property to the other that was not already distributed when assets were divided.
- Considering stepchildren: If two people get married and have children before the marriage, the dynamics of stepchildren can be complicated. You may need to examine whether you will leave any property to your stepchildren in this situation. This often depends on whether or not the non-biological parent legally adopted the stepchild.
Contact Our Simi Valley Divorce Attorneys Today
If you are going through a divorce, the last thing you should consider is adjusting your will. However, divorce is multi-faceted, and you need an attorney to guide you through every aspect. Creating and maintaining a will is technically part of estate planning, not divorce law. However, at the Law Offices of Ronald K. Stitch, we aim to ensure you properly start your new life after separation. Let us help guide you forward. When you need a skilled Simi Valley divorce attorney, you can contact us for a free consultation by clicking here or calling 818-707-0203.
