Most married couples have a will or other important estate planning documents
drafted jointly, during the marriage. These documents outline where the
kids will live in the event of the passing of both parties, how the marital
estate is divided at death, and any other issue the parties want to make
provision for after they are gone. Executing a will, trust, or other estate
planning documents ensures your final wishes are followed. However, there
are instances where the documents need revision, and divorce is one of
New Jersey Probate Code governs how an estate is handled after death. However, it is also crucial
that you have a plan in place not only for your death, but if you get
a divorce. Without making the necessary changes to your estate plan, your
ex-spouse might end up in control of what happens to your assets, your
kids, or your estate if you die. The better approach is to include changes
to joint decisions on these matters during your divorce.
For example, you might want to change the custodian of your children, or
increase the age at which they are entitled to receive money from your
estate. Appointing a trustee to oversee the financial needs of your kids
is always a good idea, and even more so if you are getting divorce. Having
a well spelled out plan for your wishes is the only way to ensure your
final wishes are honored. We have experience helping people with all aspects
of divorce, including looking at issues such as your estate plan, which
are often overlooked.
For more information on how to change your estate plan due to divorce,
call an experienced family law attorney for answers to your questions.