How to Prevent Estate Litigation After Divorce

Yee Law Group Inc. > How to Prevent Estate Litigation After Divorce

Estate Lawyer Sacramento

Divorce is not an easy thing to go through. It can be tiresome emotionally, mentally and financially. There are likely going to be plenty of tasks on your to-do list, that you’ll be slowly checking off in the weeks or months to come. One of those tasks should be to update your estate plan. The last time you may have visited your estate plan is when you got married to your spouse, but now things have changed and your will should reflect the divorce. If you do not update your will based on new life changes such as a divorce, your assets may have to go through the grueling and prolonged process of estate litigation.

Here are some things to consider as you are separating from your spouse, that can help you create an estate plan that truly reflects your wishes:

Update Your Health Care Proxy

If you were to be in a car accident and put into the Intensive Care Unit, who did you choose to make medical care decisions for you? In many cases, a person lists his or her spouse as the person to take on this crucial role. You may not want your former spouse to have this responsibility after all, if that situation were to ever arise.

Appoint a New Power of Attorney

The person you choose to be the durable power of attorney, may have access to your accounts and assets. If the divorce is not amicable and you do not trust your former spouse, you need to choose a new power of attorney as soon as possible. Visit with the attorney who helped you create your will in the first place, so he or she can advise you on how to properly appoint a new person.

Review the Wishes in Your Will

If the state you live in permits you to execute a brand new will, you may want to do so as a top priority. If you do not want your former spouse in charge of your estate after you have passed on, remove him or her as the will executor.

Leaving Your Spouse Something

If things between you and your former spouse are amicable enough, you may find it in your heart to want to leave him or her a part of your legacy. In some states in fact, you may not be able to totally disinherit your spouse. By leaving at least something for your former spouse from your assets, he or she is probably less likely to contest your will and fight for a portion of your assets after you have passed on. If you want to decrease the chances of your wishes going through estate litigation, you may want to leave behind even a little monetary award, property or other belonging for your former spouse.

Have Your Attorney Look Over Document

Once the divorce is finalized and you have made changes to your will, have your estate lawyer Sacramento relies on at the Yee Law Group review the documents to ensure everything is written correctly. There may be very specific steps you have to take in order to create an entirely new will, that is both legitimate and legally binding.