Divorce can significantly impact many aspects of your estate planning. Updating your will after a divorce ensures that your wishes reflect your current situation, protecting your assets and loved ones.
Failing to make changes may create unnecessary legal complications.
Protect your assets from going to your ex
In California, divorce automatically revokes certain provisions in your will. For example, if your will names your ex-spouse as a beneficiary, California law revokes that provision once your divorce is final. However, if you don’t update your will, your ex-spouse could still serve as your executor or trustee. This means your estate might go to someone you no longer want to control it.
Updating your will after a divorce ensures that your assets go to the people you choose. You can name a new executor, replace beneficiaries, and adjust your estate plan to fit your current circumstances.
Avoid complications with property distribution
California’s community property laws divide most assets acquired during marriage equally between spouses. After a divorce, this division of property changes. If you don’t update your will, it could still include your ex-spouse as a beneficiary for community property, leading to complications during probate.
Address changes in guardianship and care
If you have minor children, your divorce likely changes guardianship. Updating your will after a divorce ensures that your children will receive care from the person you choose if something happens to you. You may want to name a new guardian or adjust your preferences based on your post-divorce situation.
Updating your will after a divorce is essential. Review and revise your estate plan to ensure your assets and loved ones are protected in the way you intend.