Q: When should you update your estate plan during a divorce?

by | Dec 4, 2024 | Estate Planning, Q&A |

A: Although probate code section 6122 largely disinherits a former spouse automatically upon entry of a divorce judgement, the same is not true while the divorce is still in process. Therefore, as soon as possible after the divorce proceedings have been initiated, you should update your estate plan/trust, powers of attorneys for finances and health, and as many beneficiary designations as possible.

Remember: divorces can last several years in court, and for estate planning purposes, the law will still consider your soon-to-be ex-spouse your current spouse and continue to leave everything to them (assuming those were your wishes previously) in the event you die before the divorce decree is FINAL!