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If you end your marriage after creating an estate plan, you’ll inevitably have to modify your last will and other essential documents. A knowledgeable divorce attorney can explain how the terms of the separation agreement will influence your final arrangements so that you know what to address. In the meantime, you can find some general information on the subject below. 

What Happens If Your Ex-Spouse Was in Your Will?

When you get divorced in Alabama, your spouse is considered to have predeceased you. That means if you don’t update the terms of your will, the laws of intestate succession will apply upon your passing. To keep the government from deciding who gets your property, you will have to create a new will.

If you still want to leave assets to your ex, as you may share minor children and want to ensure their financial security should something happen, you can include some variation of the old terms in the new document. You can also leave out your ex altogether, though, if you feel so inclined. 

What If Your Ex-Spouse Was Part of Other Arrangements? 

divorce attorneyDivorce attorneys must often remind clients to review their other estate planning arrangements. Chances are your ex-spouse is named as more than just a beneficiary in your will. Perhaps he or she is also your executor, for example, or has the legal authority to act on your behalf under one or more powers of attorney. Don’t forget to review the terms of any trusts you’ve created, as well. Even if you want to retain any of the arrangements that include your ex-spouse, it’s advisable to redo them with the help of a lawyer so there will be no confusion as to their legitimacy upon your passing. 

 

If you’ve decided to end your marriage, turn to Donna C. Crooks Attorney At Law for guidance. Serving clients across Dothan, Enterprise, and the rest of southeast Alabama, this strategic divorce attorney has been in the field since 1993. As a skilled negotiator, she knows what it takes to secure the most favorable settlements possible for her clients. To request a consultation with this divorce attorney, reach out on her website or call (334) 598-9534.

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