When you are getting a divorce, it is important to remember to update your will or trust. Not updating your will or trust leaves you vulnerable to the possibility that your affairs may not be handled the way you want, should you become incapacitated or pass away. Your current will or trust, for example, may leave your assets and personnel property to your soon-to-be ex-spouse. Unfortunately, when you are in the throes of divorce proceedings, updating your will or trust may be the last thing on your mind.

Although you can amend your will, it’s often best to create an entirely new will with revised beneficiaries and executors, so that your wishes are as clear as possible. Most wills include a clause at the beginning that revokes all prior wills and codicils, if you are creating a new one. Many people choose to make their children their new primary beneficiaries. You can also choose to leave assets to family members, friends or charities.

You will also want to review and change your medical and financial Power of Attorney documents, if you had designated your spouse as the person responsible for making decisions on your behalf, in the event of your incapacitation.

Christina Sherman can draw up your new will or trust documents

If you are a current family law client, and need your will or trust updated due to divorce, Christina Sherman can draw up those documents for you. Christina can also draw up new medical and financial Power of Attorney documents. She can help you understand your options under California law and ensure that your estate is handled the way you want.

Other documents you may need to update

Along with updating your will or trust, you will also want to review your retirement accounts (IRAs or your 401(k)), so that your soon-to-be ex-spouse is not the primary beneficiary. When you change the beneficiaries in your will, that does not address the beneficiaries for your IRA or 401(k). You will also want to look at the beneficiary designation for your life insurance policy and also the recipients of your work health benefits.

If you are getting a divorce and need your will or trust updated, contact Attorney Christina Sherman to arrange an initial consultation. Call 415-457-4367 or reach us by email. We serve clients throughout Marin County and Sonoma County.