Many people in their later stages of life often establish a will so their wealth can be truly delivered to the ones they loved. However, there is also a recent trend of increase in gray divorce – divorce over 50. So, there is this question that often was asked, should I change my will if I am getting a divorce? This decision is up to you but it is highly recommended to change your will for the following reasons:
Avoid Your Soon to be Ex-Spouse Inheriting Your Assets
If you have a will that gives all your property to your soon to be ex, you have the ability to change the will to leave everything to your children, or if they are too young, to a trust. You would not want a person that you no longer love has the ability to get your assets if you suffered something misfortunate during the process of divorce.
Power of Attorney and Executor
Appoint a person to take care of things if you are incapacitated (power of attorney) and ensure your dying wishes are delivered (executor). There was a case when a client suffered a stroke in the middle of a divorce proceedings, and his soon to be ex had the decision to make the medical decisions, and that is not a good sign if the soon to be ex is still angry. You need to make the decision to choose an executor, someone you can trust to take care of everything upon your death. After that, make the decision on the person with the power of attorney, the person to make the decisions when you are still alive. It can be the same as the executor.
No Guessing for Your Heirs
With an updated will, you can tell your heirs to follow your wishes according to the will. The heirs would not have to guess what kind of funeral you would like to have, or if you would like cremation or burial.
In Massachusetts, is it wrong to change your will during a divorce? An automatic financial restraining order will prevent the change of life insurance beneficiaries during a divorce, however, you can still change your will or other estate planning documents.
Contact Andrew H.P. Norton, An Experienced and Competent Divorce, Wills, and Estate Planning Lawyer in West Bridgewater, MA
If you have questions about your divorce case or your will during a divorce, contact Attorney Andrew H.P. Norton today. With more than 27 years of experience working in the South Shore, he has gained the respect of the judges in the local courthouses and his clients. He can provide full legal representation of your divorce, wills, and estate planning case. Attorney Norton has represented clients from Bridgewater, Brockton, Plymouth, Taunton, and many other communities in the South Shore. Contact us for a free consultation.