Estate Planning in Divorce

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Estate Planning During Divorce in Utah

Divorce is a significant life event that necessitates a thorough review and adjustment of your estate planning documents. In Utah, it’s crucial to understand how divorce impacts your will, trusts, beneficiary designations, and powers of attorney to ensure your assets and wishes are appropriately managed.

A Gavel rests on a document titled 'LAST WILL AND TESTAMENT OF'
A bronze Lady Justice statue in the foreground, with a person working on a laptop and open book blurred in the background.

Impact of Divorce on Estate Planning Documents

  • Wills and Trusts: In Utah, divorce or annulment automatically revokes any provisions in a will or trust that favor a former spouse. However, if you are in the process of divorce but it is not yet finalized, these provisions remain effective. Therefore, it’s essential to update your estate planning documents promptly during divorce proceedings to reflect your current intentions.
  • Beneficiary Designations: Assets like life insurance policies and retirement accounts pass directly to named beneficiaries, regardless of will provisions. After a divorce, it’s vital to update these designations to prevent unintended beneficiaries.
  • Powers of Attorney and Healthcare Directives: If your former spouse is designated to make financial or medical decisions on your behalf, consider appointing a trusted individual to these roles to ensure your preferences are honored.
A close-up of a 'Last Will and Testament' document.

FAQs

How does divorce affect my existing will in Utah?

In Utah, divorce automatically revokes any provisions in your will that favor your former spouse. However, it’s advisable to update your will during divorce proceedings to ensure it reflects your current wishes.

Do I need to update beneficiary designations after divorce?

Yes, it’s essential to update beneficiary designations on assets like life insurance policies and retirement accounts to ensure they align with your current intentions.

What happens to joint property if one spouse dies during divorce proceedings in Utah?

If the property is owned as tenants by the entirety, it automatically passes to the surviving spouse. To prevent this, consider severing joint tenancy during divorce proceedings.

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Take the Next Step - Contact Porter Law Firm Today

Navigating estate planning during a divorce can be complex and emotionally challenging. At Porter Law Firm, our experienced attorneys are committed to guiding you through this process, ensuring your estate plan reflects your current wishes and complies with Utah law. Contact us today to schedule a consultation and secure your future.

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