Can I redo my estate plan before my divorce is final?

Can I redo my estate plan before my divorce is final?

The answer is yes. Once you are legally separated, you need to have an estate plan, or at least a will, detailing the beneficiaries of your estate. 

Most couples’ largest asset is the family home, but even though the marital property settlement has not been finalized, each spouse has property rights that need to be addressed should they become incapacitated or pass away during the divorce process.

If you leave your estate plan as it is, everything could go to the spouse you are divorcing. If this is not your wish, then consider creating another estate plan to revoke your existing one and replace with your current wishes.

Mark Breunig is an estate and elder law attorney practicing in Lincoln and Loomis California.  Contact Mark at info@breuniglaw.com, or (916) 672-2042.