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Where Divorce Meets Probate - Some Things to Consider

Where Divorce Meets Probate - Some Things to Consider

During the course of the divorce process, there are an overwhelming number of issues to resolve. Once the dust has settled — and it does eventually settle — there are some legal issues you must deal with. These include your will and other issues related to your estate plan. Many people either have no will or have a sweetheart will in which each spouse leaves everything they own to the other spouse.

Now that times and life circumstances have changed with your divorce, it’s time to create a more appropriate will and modify your estate plan so it reflects your family’s changes. It is helpful to employ a divorce attorney who also practices or has a sound knowledge of probate law.

Here are some things you might want to change after you are divorced:

  • Your will — You might consider revising your will and changing your beneficiaries
  • Trusts — Find out if divorce effects any revocable trusts you have in your estate plan
  • Legal guardians — Since you are no longer likely to die alongside your former spouse, consider the necessity of changing the appointment of guardians
  • Advance health care directives — Choose a new health care proxy who is empowered to make health care decisions on your behalf should you be incapacitated
  • Investment portfolio — If you are receiving a sum from liquidation of marital assets, like selling the family home, consider seeking some investment advice

Many people who are married rely on their spouse to know their wishes regarding health care and end of life plan, and trust them to carry them out should the need arise. Once you are divorced, you should create a legal process so that your wishes are known and carried out by someone you have personally appointed.

If you are divorcing, consider taking care of any estate planning issues that are relevant to you. Your family law attorney at Fox & Associates C.O., L.P.A. can guide you through the process and help you make the most appropriate decisions. Call our Dayton, OH offices at (937) 204-1555 or contact us online.



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