Exploring Social Security Cases and Outcomes

Getting Divorced? Make Sure You Change Your Will

by Marie Caldwell

When you and your spouse decide to get a divorce, you are under a lot of stress because there is a lot going on in your life. There is a lot that you need to take care of as a result of the divorce, and this includes a lot of paperwork. However, one thing that you may not think of is changing the terms of your written will, assuming that you have one, and this will be a huge mistake on your part.

Change Your Beneficiary

When your marriage was going well, you likely listed your spouse as the beneficiary of your will. Now that your spouse is your ex, you probably don't want to leave everything in your will to your ex, right? Whether you have a new significant other or you just want to make a new member of your family the new beneficiary, it is important that you take the time to update your will now. If you don't, you could forget, and if something were to happen to you, it could cause problems for your family later on down the line.

Take Care of Your Children

If you fail to update your will and your ex is still alive when you pass away, there is a good possibility that your shared children will go live with the other parent. Is this what you want to happen? If not, then you need to take this time to let your opinions be head. You also need to specify a trusted guardian in your will who can take of your children in the event that neither you nor your ex-spouse are able to do so—and it's okay if this is someone different than who you and your ex chose together prior to the divorce.

Make the Will Binding

Due to the fact that a will is a legal document, there are certain rules as to how it must be made or changed. If you don't even have one, then it is time to get with a lawyer and make one. In some cases, depending on your state's laws, you can create the will yourself and simply have a lawyer review it. However, talk to a lawyer about your state's legal requirements first to ensure that your will will stand up in court when the day comes. If you currently have one, talk to your lawyer about amending it. Don't forget to trash copies of the old will that are no longer relevant to your current wishes.

It is possible to talk to your divorce lawyer about your wishes to make or change a will. He or she may be able to help you with this, but if he or she is unable to do so, he or she can refer you to an appropriate attorney. Visit a site like http://gomezmaylaw.com/ for more help.