Nutley, New Jersey estate planning and probate attorney, Brad Micklin, talks about estate planning for people going through divorce.
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I think the most important thing to know about estate planning if you’re going through a divorce is that the filing of a divorce revokes your will by what’s called operation of law. Which means if you had a will before you got divorced, you no longer do, which causes many problems ’cause first, you don’t have anything that explains how your property will be disposed of if you pass during the divorce. But more importantly, your current spouse still may inherit your property even though that may not be your intention because you’re getting divorced. So you need to get a new will in place once you begin one.