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How Does Divorcing Affect Your Will?

A will is not something you write once and forget about. You need to update or rewrite it as constantly as your wishes change. If you don't update your will, and something happens to you, then the law may distribute your assets in a way you never intended. Take a look at these three examples of how the state may distribute your estate if you don't update your will after a divorce:

The Will Provisions Stand

In some states, the wishes you have expressed in your will stand even after your divorce. This can be disastrous, for example, if you have other loved ones who need your estate, such as a new spouse. In such states, the only way to disinherit your former spouse is to change the will immediately after your divorce.

Your Will Is Automatically Revoked

In most states, and Maryland is a fine example, the parts of your will relating to your spouse are automatically revoked once you divorce. For example, if you left your business to your spouse, the probate court will act as if that directive never existed. Therefore, it will use intestacy laws to determine the next person who should inherit that business.

This can be either good or bad depending on what you wanted. For example, many people who don't want to leave assets to their former partners will be glad of the rule. However, it can be bad if you were feeling philanthropic towards your former spouse or just wanted them to have a good life after your demise despite your separation. If you are in the latter category, you should put a clause in your will to the effect that the provisions for your spouse should stand even if you divorce.

Provisions for Second Beneficiaries May Remain

When writing a will, it is a good practice to name second beneficiaries in case the first beneficiaries are unable to inherit your estate, for example, if they die before your wishes are carried out.

While most states will revoke provisions for your spouse if you divorce, they may not do the same for the second beneficiaries. Consider an example where you have named your spouse as the first beneficiary of your house, and their parents as the second beneficiary. In such a case, even if the directive to give your spouse the house is revoked, that of their parents (as the second beneficiary) may stand. This is one more reason you should change or update your will after divorce. For more information about the legalities involved with estate planning, contact a law firm such as Gearing Rackner Engel And McGrath LLP. 


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