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Estate Planning Updates During Divorce: Key Considerations and Changes

By: Jeffrey Stoll January 13, 2025 11:49 am

Time to read: 6 Minutes

Estate Planning Updates During Divorce: Key Considerations and Changes

Divorce is a significant life event that brings emotional, financial, and legal complexities. One crucial yet often overlooked aspect during this time is updating your estate plan to reflect your new personal circumstances. 

Neglecting this task can lead to unintended consequences, such as an ex-spouse retaining control over financial or medical decisions or inheriting assets not intended for them. 

Here’s a comprehensive guide on the key considerations and changes required for estate planning during divorce.

Updating Beneficiary Choices

Your estate plan likely includes several accounts with designated beneficiaries, such as life insurance policies, savings accounts, and investment portfolios. These beneficiary designations determine who inherits the funds upon your passing and often override instructions in a will.

During a divorce, it’s essential to review and update these selections to ensure they align with your current wishes. If your ex-spouse is listed as a beneficiary, consider replacing them with other trusted individuals, such as children, siblings, or close friends.

Retirement accounts, such as 401(k)s and IRAs, often follow specific rules regarding beneficiary changes. Some employer-sponsored plans may require spousal consent to remove a spouse as a beneficiary. Verifying these rules with your plan administrator is critical to avoid future complications.

Neglecting to update beneficiary designations can lead to assets inadvertently going to an ex-spouse, even after divorce finalization. Taking proactive steps ensures your estate plan reflects your current intentions.

Don’t let outdated documents put your assets at risk.

The Law Offices of Jeffrey Stoll specializes in estate planning for individuals navigating divorce. Let us help you safeguard your future—reach out now to learn how we can assist.

Modifying Estate Planning Documents

Key documents in your estate plan, including your will, durable power of attorney, and healthcare directives, require immediate attention during a divorce.

  • Wills: Amend your will to remove your ex-spouse as a beneficiary or executor if applicable. Appoint a trusted individual to oversee the distribution of your assets.
  • Durable Power of Attorney: If your soon-to-be-ex-spouse currently holds power of attorney, revoke this authority and assign it to someone else you trust. This ensures they cannot make financial or legal decisions on your behalf during or after the divorce.
  • Healthcare Directives: Update your healthcare surrogate designation to prevent your ex-spouse from having control over critical medical decisions.

While many states automatically revoke an ex-spouse’s rights in estate planning documents after a divorce is finalized, interim updates are necessary to protect your wishes during the divorce process. 

Temporary documents can provide clarity and prevent unintended outcomes until the divorce is complete.

Addressing Property Deeds

A family sits around a table, discussing wills and assets with their lawyer

Real estate often plays a significant role in divorce proceedings, and updating property deeds is an essential part of estate planning.

While married, couples typically hold property as “Tenants by the Entirety,” a designation that provides equal ownership and protects the property from individual creditors. After separation, this ownership structure automatically converts to “Tenants in Common,” where each party owns a 50% share.

Failure to update the deed after divorce can lead to complications. For example, if one spouse retains ownership of the marital home but the deed remains unchanged, their ex-spouse’s share would need to go through probate if they pass away. This could result in delays, legal challenges, and unintended beneficiaries.

To avoid these issues, ensure the deed reflects the terms of the divorce settlement. An estate planning attorney can guide you through the process of transferring ownership and securing the property according to your wishes.

Personalized Legal Services for Estate Planning During Divorce

At the Law Offices of Jeffrey Stoll, we understand the unique challenges that divorce brings to estate planning. Our comprehensive services are designed to ensure that your estate plan reflects your current wishes and protects your assets.

Our expertise includes:

  • Drafting and Revising Wills: Ensure your will is updated to exclude an ex-spouse and appoint trusted individuals as beneficiaries and executors.
  • Power of Attorney Modifications: We help you revoke outdated powers of attorney and establish new ones that align with your current circumstances.
  • Healthcare Directive Updates: Safeguard your medical decisions by appointing a trusted individual to act on your behalf.
  • Property Deed Revisions: Transfer ownership and update deeds to reflect the terms of your divorce settlement.

With a personalized approach, we guide you through every step of the process to minimize unwanted consequences and secure your financial future. Contact us today to learn how we can help.

Legal Advice Available Across Florida

The Law Offices of Jeffrey Stoll proudly serve clients throughout Florida, including Plantation. We offer free consultations for your convenience, ensuring you receive personalized advice without the need of paying any upfront fees.

Our team is dedicated to helping clients navigate the intricacies of estate planning during divorce, minimizing unwanted consequences, and providing a clear path forward.

Summary

  • Divorce necessitates critical updates to estate plans, including beneficiary designations, wills, and other key documents.
  • Beneficiary designations on financial accounts and retirement plans should be reviewed to reflect post-divorce wishes and avoid unintended inheritances.
  • Essential estate planning documents like wills, durable powers of attorney, and healthcare directives must be revised to remove ex-spouses and appoint trusted individuals.
  • Real estate deeds should be updated to reflect divorce settlements, ensuring proper ownership and preventing probate complications.
  • The Law Offices of Jeffrey Stoll provides personalized estate planning services, helping clients navigate these changes during divorce.
  • Legal support includes revising wills, modifying healthcare directives, updating property deeds, and providing expert advice throughout Florida.

Common Questions About Estate Planning and Divorce

1. What is the Best Way to Revise My Will After Divorce?
Creating or amending your will is critical after divorce. This involves removing your ex-spouse as a beneficiary and appointing a new executor if necessary. Consulting an attorney ensures your updated will complies with Florida laws and reflects your current wishes.

2. How Do I Change My Power of Attorney After Separation?
To update your power of attorney, revoke the existing document and draft a new one. Inform financial institutions and agents involved of the changes. An attorney can help ensure the new document aligns with legal standards and protects your interests.

3. Does a Divorce Automatically Modify Trust Agreements?
A divorce decree does not automatically alter trust arrangements. Review and update trusts to remove an ex-spouse as a trustee or beneficiary if desired. Seeking legal advice ensures the changes are executed correctly.

4. What Becomes of Joint Tenancy Assets During Divorce?
Joint tenancy assets are addressed during property division in divorce proceedings. The court or settlement agreement determines how these assets are divided or restructured.

Jeffrey Stoll

The founding partner of the firm, has over twenty years of legal experience in the areas of real estate, probate, guardianship, and estate planning. Currently, he is the President of Five Star Title Services, Inc. and is a title agent for Old Republic National Title Insuran

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