Estate Planning Basics Attorney in Maplewood, Minnesota
Will I need a new estate plan if I get divorced?
Will I need a new estate plan if I get divorced?
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00:04
it is a very prudent idea to have any
00:07
existing estate plan looked at by an
00:09
attorney
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once you go through a divorce
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the law provides that if you have an
00:15
existing
00:16
estate plan that either names your
00:18
spouse in a fiduciary capacity such as
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personal representative or if you’re
00:23
making distribution to a spouse and a
00:25
truster will those provisions are
00:27
automatically revoked upon
00:30
the termination of the marriage
00:32
nevertheless it’s a good idea to have
00:34
your documents looked at again
00:36
and have them updated because you want
00:38
your documents always to match what your
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current life situation is
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the same thing with powers of attorney
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and health care directives the law
00:46
provides that at the commencement of a
00:49
divorce any provisions naming a spouse
00:52
in a sort of an agent or a you know a
00:55
decision-making role those are
00:56
automatically those provisions are
00:58
automatically revoked upon the
01:00
commencement of a divorce so then that
01:02
could leave a person in a situation
01:04
where maybe they don’t even have a
01:05
backup person and then those documents
01:07
are
01:09
they don’t work for you so always a good
01:11
idea to have your whole plan looked at
01:13
again upon a divorce
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St. Paul, MN family law attorney Letty Van Ert explains why you need a new estate plan if you get divorced.
