Family Law

Divorce and Estate Planning

By Ben Stevens

This past summer, Robert Kisselburgh published the following article on his Mississippi Family Law Blog:

When you divorced, did you modify your estate plan?

For many couples going through divorce, the focus is on the divorce process and its aftermath. With the wave of emotions involved in the divorce, many forget about their estate plan. Ask yourself some simple questions which apply both during and after the divorce process.

• Do you want your soon-to-be ex-spouse making the decisions are to your medical care should you become disabled?
• Do you want your soon-to-be ex-spouse to get all your money should you die?
• Have you updated the beneficiary forms for your life insurance?
• Have you updated the beneficiary forms for your retirement plan?
• Have you updated your Will removing your spouse as a beneficiary?
• Have you updated your trusts removing your spouse as a beneficiary?

Most individuals forget about their estate plan during and after the divorce. Unfortunately, this might lead to unintended consequences, such as an ex-spouse receiving money you don't want them to have. That is why it is important to talk with an estate planning attorney during the divorce process, or at the very least, immediately following the divorce to ensure that your property is protected and passes to those you cherish most.

Note:  If you have questions about your estate plan, contact an experienced attorney (including my law partner, Paul MacPhail) to discuss your options further.

Source:  "Estate Planning and Divorce in Mississippi" by Robert Kisselburgh, published at his Mississippi Family Law Blog.

Full post as published by SC Family Law Blog on October 21, 2008 (boomark / email).