Going through a divorce can be very stressful. You may find yourself on an emotional rollercoaster while trying to navigate your way through a sea of legal issues. One thing that is important to remember after the papers are signed is that you need to rewrite your will.
Start by removing your spouse’s name and appointing a new executor. Think about who you would like to benefit from your assets. Who should make decisions for you when you can’t make them? Clearly indicate this in your will.
What else should I include in my new will?
The following issues must be addressed:
- Assign your beneficiary(s): Clearly designate the person or persons who will inherit your assets when you die. Most people leave everything to their children or a close relative.
- Address guardianship issues: If you have young children you must designate a caretaker(s) for them in the event of your death. You may choose your former spouse unless he/she has been found unfit to parent by a court of law. In that case, you might choose a close friend or relative.
- Change your health care directives: Removing your former spouse’s name as the designated caregiver is done automatically following a divorce in Minnesota. You will need to appoint a responsible party to oversee your health directives in the event that you cannot make decisions for yourself.
- Change your powers of attorney: Much like health care directives, your spouse will automatically be removed as your POA in Minnesota. Consider making this change when the divorce papers are filed to protect your assets during the trial.
Once you have made the necessary changes to your will be sure to file it with the local court. Experienced legal assistance is best when you’re trying to get your estate plans in order.
