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Things To Consider About Your Estate Planning After Divorce

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If you are going through the process of a divorce in the state of Florida, or have been recently divorced, you may want to consider updating your estate planning documents. The assets you have likely have changed following your divorce and your previous spouse may be listed as a beneficiary for much of your estate as well. If you fail to update your living will, last will and testament, or other estate planning documents following your divorce, your ex-spouse may have a legal right to your estate. Consider the following as you begin to change your estate plan in Florida after your divorce is finalized.

Make All Updates in Writing 

You should consider completely updating all of your documents through a completely new process, and executing new estate planning documents that reflect your wishes. However you ultimately decide to update your documents, you should always make sure to express your wishes through writing, and never through any oral contracts or agreements. Having an experienced estate planning attorney by your side can help you avoid the probate process if you wish, or help you determine the best course of action regarding your estate after your divorce.

New Appointments

It is likely that you do not wish your ex-spouse to have control or receive any assets regarding your estate. Additionally, your ex-spouse may have been named as a personal representative, trustee or executor of certain estate planning documents. Make sure to change all of your beneficiary designations and change the person you would want to make legal decisions on your behalf should you be unable to do so for yourself in the future. For example, you may have chosen your ex-spouse in case you became permanently disabled mentally to make health-related decisions on your behalf. Again, consider all the different ways your ex-spouse was named or included in your estate planning documents as you move forward to create new ones.


During the divorce process, it is likely that you had a determination regarding the division of assets between you and your ex-spouse. There may be some property that is still titled in both of your names. Make sure to try to have that property listed only in your name, or find a different way to include it within your estate plan if possible.


After a divorce, it is likely that you want to ensure that your children are the beneficiaries of your estate instead of your ex-spouse. Make sure that you consider different estate planning options such as a living will if you had not included them in your estate planning prior to your divorce, to ensure that your children can be protected financially during your lifetime as well as after your death.

Let Us Help You Today

The Fort Lauderdale divorce attorneys at Joyce A. Julian, P.A. have experience with family law and probate law. Our experienced team of attorneys can help you determine your legal rights during a divorce and help you with legal matters following your divorce as well. Contact our office at 954-467-6656 or visit us online to schedule a free consultation to discuss your legal rights today.





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