Divorce is difficult and stressful. There is no way around this fact. Estate planning and the creation of a will is an extremely important task, but it can also be fraught with emotion. When you’re going through a divorce—or in the aftermath of divorce—you may not want to face the heady topic of your will, but it is important that you do so. Fortunately, an experienced Connecticut family lawyer can help you cope with this difficult task and help ensure that your will reflects your wishes.
If the execution of your will predates January 1, 1997 (and postdates October 1, 1967), it will be revoked—as a matter of Connecticut law—if you subsequently divorce. The effects of such an occurrence can obviously be extreme. You’ve carefully crafted a legal document that reflects your wishes and protects your family, only to have it dissolved—in essence—because of a technicality. In such a circumstance, the court will distribute your estate according to intestate law, which is unlikely to correlate with your wishes.
Even if the execution of your will doesn’t fall within these date parameters, there are plenty of unintended consequences to go around when it comes to ignoring your will after a divorce. If you executed your will after January 1, 1997, divorce will not trigger the automatic revocation of your will. It may, however, still be subject to intestate laws if it fails to identify a beneficiary other than your ex-spouse, who may become your unintended beneficiary by default.
If your will passes through intestate law, you must factor in additional time and expenses. First of all, the probate court will likely need to be petitioned to appoint an administrator. Not only does this take time and money, but you might not want the chosen administrator to handle your last financial wishes. All told, it’s difficult to overstate the negative consequences that can result from not attending to your will after a divorce.
It’s important to make sure that your will accurately reflects your wishes, and those wishes very well may change with divorce. An experienced Connecticut family lawyer will carefully go over every element of your will with you to make the adjustments that are necessary to care for your family into the future. Your will is far too important to leave to chance; consult with a skilled divorce attorney today.
Divorce is extremely stressful, and it forces you to focus on myriad unpleasant tasks. Dealing with your will during a divorce is likely not on your list of priorities, but it should be. Your family’s future could depend on it. An experienced divorce attorney at the Law Offices of Piazza, Simmons & Grant, L.L.C., in Stamford, Connecticut, can carefully review your will with you and can make the changes necessary to provide you with peace of mind. We’re here to help, so please contact or call us at (203) 348-2465 today.