After divorce a large part of your life may change. This likely includes your estate plan. Often after divorce you may wish to change who you want to inherit from your estate. Engaging an attorney to update your estate plan so it reflects your new status or desires may be recommended.

When your marriage is dissolved all provisions in your will in favor of your former spouse or that granted them powers over your estate are automatically revoked. Provisions affected by this section must be interpreted, and property affected passes, as if your ex has predeceased you. If you remarry to the same former spouse, all provisions that were revoked are revived.

Additionally if your estate plan includes a community property agreement, a community property agreement will become automatically revoked when you file for divorce. Your community property agreement does not automatically revive if you remarry.

Your power of attorney does not automatically become revoked in the event of divorce. If you no longer feel comfortable having you former spouse having the ability to sign as your power of attorney you would need to amend your power of attorney.

If you have questions about a Will, call Limitless Law PLLC at (360) 685-0145 or use the “Ask an Attorney” link on our website to contact us today!

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