Redmond Office Law Blog

When it comes to estate planning there are a variety of things that can effect your current estate plan. One of the biggest effects on a current estate plan is a recent divorce. Many couples have set up a joint living Trust, simple Wills and even Medical and Financial Powers of Attorney. What these couples need to understand is that in the event of a divorce, many of the joint assets in a Trust are no longer joint and for the most part the Trust is null and void. With a simple Last Will and Testament the divorce nullified any provisions that you would have for your current spouse and it would go to the default provisions which could include children, brothers and sisters or other family members.

The two documents a newly divorced couple or a couple in the midst of a divorce needs to address immediately is the Medical and Financial Powers of Attorney. The designation of your soon to be former spouse is not null and void until the divorce is final. For example, if you designated your wife as your primary medical decision maker and your sister as a back up, the divorce does not automatically remove your ex-wife and put your sister in the position as primary decision maker. You need to revoke and/or amend that Power of Attorney and you need to let your former spouse know that you have revoked his or her designation. For many people that are facing the emotional and financial aspects of divorce, updating an estate plan is a difficult issue to have to face. However, it is very important that you not ignore these documents and address them with your estate planning attorney as soon as possible.