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Estate planning after a Florida divorce

On Behalf of | Mar 25, 2019 | Wills & Trusts

In the aftermath of a divorce, it can be difficult to remember all the things that need to be changed in your life. For many divorced parents, there are significant changes to the time they get to spend with their kids, as well as alterations in living arrangements, household income, insurance and much more.

On the list of things that will need to adjusted after a Florida divorce: your estate plan. In fact, it can be changed as soon as you know that a divorce is in the offing. There is no good reason to continue to list your soon-to-be ex (or members of their family) in your estate planning documents.

Of course, if you remove your spouse from a will or trust, there are questions that need to be discussed with your Brevard County estate planning attorney about who will replace your ex as not only a beneficiary, but also likely as someone to whom you had previously entrusted with important powers in the case that you were one day incapacitated.

The first step to take is to discuss with your divorce attorney about what is and is not allowed under Florida law regarding the period of separation and divorce. These questions will often revolve around banking accounts, retirement funds, assets, titles and so on. It’s imperative to know what you can do before divorce and what should remain on the back burner until afterwards.

You should also take the time to discuss with an estate planning lawyer changes in your living will, for instance, to make sure you have an appropriate person named to make health care decisions for you if you should become unable to do so yourself.

Also talk to your estate planning attorney about changes to insurance plans, financial power of attorney, naming new trustees, and titles for real estate and property, as well as needed alterations to business succession plans and other asset distribution plans.


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