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What type of estate planning should I do after a divorce?

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00:04
it’s always difficult after we’ve gone
00:06
through a divorce
00:07
unfortunately we need to make a new
00:10
estate plan
00:11
very often times we’ve named our spouse
00:13
as the executor
00:14
the beneficiary and the plan just does
00:17
not work anymore
00:18
especially if we have minor children
00:20
involved
00:21
i tell my clients all the time if you
00:23
don’t have an estate plan
00:25
and you have minor children the default
00:28
rules
00:28
is your assets go to your children and
00:31
if you’re not around to manage those
00:32
assets for your children anymore
00:34
who do you think the court is going to
00:35
appoint they’re going to appoint
00:37
your ex-spouse to manage the finances
00:40
because that’s the other surviving
00:41
parent
00:42
so estate planning after divorce
00:46
is very important for those different
00:48
reasons because we can
00:50
decide who’s going to control the assets
00:52
who’s going to be in charge of the
00:54
estate
00:54
and who’s where the assets are going to
00:57
go

Austin, TX estates planning & probate attorney Kyle Robbins talks about how to approach estate planning after a divorce. He explains that after a divorce, it’s often necessary to create a new estate plan. Many clients have previously named their spouse as executor and beneficiary, but post-divorce, that plan no longer works—especially when minor children are involved. He tells his clients that if they don’t have an updated estate plan, the default rules apply: their assets pass to their children. If they are no longer alive to manage those assets, the court will typically appoint the surviving parent—often the ex-spouse—to manage the finances.

He emphasizes that estate planning after divorce is crucial. It allows clients to determine who will control the assets, who will serve as executor, and where the assets will go in the event of their passing, ensuring their children and estate are properly protected.

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