Estate Planning Lawyer Mesa AZ
At The Citadel Law Firm, our estate planning lawyers in Mesa, AZ understand that someone who is going through the emotional turmoil of divorce may not be thinking about their will, trust, or other related documents. The last thing a divorcing spouse may be worrying about is what is written in their estate plan. However, despite the anguish associated with this period of time, you will want to revisit your estate plan if you have included your former spouse’s name.
Most people who separate from their spouse don’t want them to have any assets or responsibilities pertaining to their estate and assets after passing on. So, it’s in your best interest to visit an estate planning lawyer in Mesa, Arizona from The Citadel Law Firm for guidance and advice on how to make these necessary changes.
Revoke Your Will and Establish a New One
A Mesa, AZ estate planning lawyer may have you begin by revoking your old will, which may entail ripping it up into pieces or putting it through a paper shredder. If you don’t have a will written currently, then your lawyer may advise making one. In a will, it is imperative that you complete the following:
- List beneficiaries for whom you want to receive a portion of your assets
- Name an executor of your will who can handle your affairs
- Include a statement that you wish to exclude and prevent your former spouse from being given any of your estate
- Appoint a guardian for children who may be of minor age when you pass away
Appointing an Executor of Your Will
If you don’t want your former spouse to get your property or other assets, then chances are you don’t want him or her responsible for managing your estate either. If you named your former spouse as an executor of your will, then you will need to choose a new person. For some states, if ex spouses are listed as executors, the court will require someone else to uphold the duty instead, such as an alternate executor. However, to play it safe, it’s best to write a completely new document with help from an AZ estate planning lawyer, so their name isn’t in at all.
The person you choose as executor should be someone that you trust to act in your best interests after you have passed on. The executor may perform duties such as:
- Obtaining a copy of the will and filing it with the probate court
- Informing credit card companies and other agencies of your passing
- Evaluating whether probate is necessary
- Representing your estate in court
- Paying ongoing or overdue bills from the estate
- Distributing assets to beneficiaries as described in the will
They say that a person should review their estate planning documents when a serious life event occurs, and a divorce is certainly considered one of them. Despite the pain that is part of divorce, it is important to protect yourself so your ex doesn’t have any say about your estate after you pass on. The best action you can take during a period of legal separation, is safeguarding your legacy from your ex-spouse for the long-term.
If you need help from a seasoned and compassionate lawyer, then contact The Citadel Law Firm to book a free initial consultation with a Mesa estate planning lawyer in Arizona.