Address Your Estate Plan during the Divorce Process


If you decide to end your marriage, there is a lot to think about and address. You need to decide how to separate your property, divide time with your children, and more. You also will have a lot of legal paperwork to deal with as your Carlsbad Estate Planning attorney obtains court approval for the divorce.

Unfortunately, there is yet another thing you should worry about if you’re facing divorce – your estate plan. The good news is that the right law firm can handle both your divorce-related and estate-related legal concerns. The following are some estate planning steps to take in this situation:

  • Will – California law automatically removes any provisions benefitting your spouse from your will upon a divorce. However, this only occurs once a divorce is final, and you may want to change your will if you may be separated for some time. In addition, you want to designate a new executor and guardian for your children should one be necessary.
  • Trusts – If you and your spouse have a joint trust, you will want to revoke the trust and form a new one with new provisions.
  • Powers of attorney – Many people choose their spouse as their power of attorney for healthcare and/or legal and financial affairs, so you likely want to update these documents.
  • Beneficiary accounts – Many accounts may have your spouse listed as the beneficiary, including life insurance policies, retirement accounts, investment accounts, bank accounts, and more. Make sure you update all of these accounts to reflect a new beneficiary.

Contact Our Carlsbad Divorce and Estate Planning Law Firm Today

At McKinnon Law Firm, we handle family law cases, as well as estate planning matters for our clients. We can make the divorce process as easy as possible for you. Call (760) 227-2476 or contact us online to discuss the many ways our firm can help.

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