Blog

Why You Should Update Your Will After a Divorce

The aftermath of a divorce echoes in all aspects of your life, from the custody of your minor children to your financial situation, business plans, real estate, and so on.

Divorce is a major change in your social and legal status and you need to make arrangements to adapt to your new life. One of the things you should consider updating after a divorce is your will.

Changing the Executor of Your Will

One of the first modifications is to change the executor of your will it is currently your former spouse. Being an executor is a huge responsibility and you should nominate a person you trust, and who can carry on with the executor duties. In Missouri, the state generally revokes authority roles from your ex following a divorce, so be prepared to choose some alternatives for the executor role.

Property Included in the Will

After the division of assets, you may (almost surely) not have the same property included in your will. Some of it is now owned solely by your ex-spouse, so it should be removed from your will. Following the same principle, if you have gained some properties through your divorce, you might want to include these in your will.

Guardian Nominations for Minor Children

If you and your spouse have minor children, you should revise the guardian role after you get a divorce. It will serve as a strong argument if something happens to you and you want your children to be raised by your own family. This should be discussed with your attorney.

How to Change Your Will in Missouri

You can change your existing will through a codicil. A codicil needs to be witnessed by two-three adults who are sound of mind. If this proves to be too complicated, you can just cancel your existing will and write a new one.

What Happens If You Don’t Update Your Will?

If you don’t get to update your estate planning documents after your divorce, the state of Missouri will generally govern who will inherit your property and who is left with responsibilities such as being an executor or guardian to your minor children.

The details of your will are best discussed with an experienced attorney. They will guide you toward the best decision for your children and the other persons in your life that you would want to inherit your property. Discuss the details surrounding your divorce with an experienced attorney by calling The Betz Law Firm at (314) 801-8488.

The Betz Law Firm

Share
Published by
The Betz Law Firm
Tags: divorce

Recent Posts

Legal Name Change for Non-Binary Individuals in Missouri

We’ve helped many clients—including those identifying as non-binary, transgender, and gender-expansive—successfully navigate Missouri’s name change…

2 days ago

What to Expect in Your First Divorce Mediation Session

Understanding what happens during your first mediation session can help ease anxiety and prepare you…

1 week ago

Spousal Support vs. Child Support in Missouri – What’s the Difference?

At The Betz Law Firm, we’re here to help you understand your rights and obligations…

2 weeks ago

Does Mediation Work for Alimony and Property Division in Missouri?

Mediation empowers couples to maintain control of their outcomes rather than having a judge make…

4 weeks ago

What to Do if You’re Paying Too Much Child Support

Missouri law provides pathways to adjust your support obligation if your financial circumstances have changed…

1 month ago

How Fathers Can Get Equal Parenting Time

In Missouri, many fathers believe that the family court system is biased against them when…

1 month ago