Where There’s A Will: Testamentary Issues and Divorce


Where There’s A Will: Testamentary Issues and Divorce

Will and Testament after divorce

A divorce changes more than just your marital status. If you previously had a will, you must now make a new one. Divorce, remarriage and the birth of a child can jeopardize the validity of an existing will, so it is wise to make a new one as soon as possible after you know your marriage is ending. Furthermore, a will is the only way you can designate a guardian for your children’s interests and leave your assets to them in a way that will make it difficult for others to take their money.

The attorneys at the Men’s Legal Center will help you create a will that protects your estate and ensures that your assets go where you intend.

What Is A Will For?

People sometimes misunderstand the purpose of a will. A will, or “Last Will and Testament” as it is formally known, is simply a document that expresses your wishes for how your estate, or the assets you hold at the time of your death, should be divided. Most wills are relatively simple documents, but if you have minor children, a will can become more complicated.

A “living will” is a document that appoints a person to carry out your last wishes regarding life support and other medical decisions if you are unable to make them for yourself. This is a separate document from your will but can be drawn up at the same time.

When your attorney draws up a will, you should think about the following things:

  • Who will own your home? If you want to leave real estate to your minor children, it is important to appoint a guardian who can ensure that the taxes are paid and that there is money available for repairs or who can manage a rental if necessary.
  • Who will watch out for your children’s interests? A will allows you to name a guardian for your children but not to grant custody. In the event both you and your spouse die, naming a guardian in your will helps the court decide how to place your children.
  • Who will be trustee of your children’s money? If you set up a trust for your children, you must name a trustee. This can be the same person as the guardian or a different person, but it must be someone you can trust to take care of your children’s money.

The attorneys at the Men’s Legal Center can help you draw up your will so that you know with certainty that your children’s future is protected.

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