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it is a very prudent idea to have any
existing estate plan looked at by an
attorney
once you go through a divorce
the law provides that if you have an
existing
estate plan that either names your
spouse in a fiduciary capacity such as
personal representative or if you’re
making distribution to a spouse and a
truster will those provisions are
automatically revoked upon
the termination of the marriage
nevertheless it’s a good idea to have
your documents looked at again
and have them updated because you want
your documents always to match what your
current life situation is
the same thing with powers of attorney
and health care directives the law
provides that at the commencement of a
divorce any provisions naming a spouse
in a sort of an agent or a you know a
decision-making role those are
automatically those provisions are
automatically revoked upon the
commencement of a divorce so then that
could leave a person in a situation
where maybe they don’t even have a
backup person and then those documents
are
they don’t work for you so always a good
idea to have your whole plan looked at
again upon a divorce
Contact Letty Van Ert
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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. She emphasizes that it is very prudent to have any existing estate plan reviewed by an attorney following a divorce. Under the law, if an estate plan names a spouse in a fiduciary role—such as personal representative—or provides for distributions to a spouse, those provisions are automatically revoked upon the termination of the marriage.
Nevertheless, it is wise to have all documents reviewed and updated to ensure they accurately reflect one’s current life circumstances. The same principle applies to powers of attorney and health care directives. Any provisions naming a spouse as an agent or decision-maker are automatically revoked at the start of a divorce, which could leave someone without a designated backup. Reviewing and updating all documents ensures that the estate plan continues to function effectively and aligns with the individual’s present situation.