Can a Will Attorney Help Me Update My Will After a Divorce?

Updating your will after a divorce requires careful thought. It’s important that your new will fully align with the realities of your new circumstances, whatever those are.

Possibly the biggest consideration is your beneficiaries. You almost certainly want to remove your ex-spouse as a beneficiary so they won’t inherit your assets, and you might need also to think through what you want to do if there are stepchildren involved.

If your marriage was a brief one or your ex-spouse’s children were older when you married, you may not really know them very well or have much of a relationship with them. Depending on the circumstances, you might want to make sure that there’s no chance they might be able to bring a claim on your estate that could cause trouble for your own children.

On the other hand, you may have become very close to your stepchildren over the course of years and want to include them in your estate. Texas law will automatically remove them after a divorce, so talk to your lawyer about how to make sure your beneficiaries are clearly named. Also remember that if you’re removing beneficiaries, you may have more assets and might need to rethink how to distribute those assets among the remaining beneficiaries.

If you have minor children, one of the most important things is selecting a guardian in case you were to pass away before they turn 18. If your ex-spouse is also the child’s biological or adoptive parent, and presuming they still have all parental rights, you might think this step is unnecessary. But naming a guardian ensures that someone you trust can step into this role if both of you become unavailable. It’s wise to discuss this choice with your ex-spouse if they also have parental rights to avoid confusion or disagreement. If your ex-spouse was not your child’s parent, but you had named your ex-spouse as guardian in a previous will, you may wish to remove this from your will once you’ve divorced.

It’s also important to think about how the assets you have will be managed for your children in the case of your death. You can set up a trust in advance of your death that will protect some of these assets and can ensure they are protected if you die before your children are old enough to take ownership for themselves. Make sure you think through who would make a good trustee. And be aware that there are many types of trust, and you can talk over all the options with your lawyer. For example, you may not wish to give your children just a lot of money if you’re not there to guide them. However, you can set up a trust specifically to pay for their education or to cover any unexpected healthcare needs they might have.

After a divorce, your financial situation may be quite different. You may own less than you did before or you may have had quite valuable assets transferred completely to your ownership. Compare your existing will to the division of assets in the settlement of your divorce to fully understand what you still own and update your will so it includes only the assets that are now in your possession. If you have incurred new debt, you may wish to adjust your will to clarify how it should be handled to avoid adding burdens for your heirs to deal with.