Why is is important to update your estate plan after divorce?

After a divorce, it is extremely important to update your will. Oregon law treats a divorced spouse the exact same as if that spouse predeceases you, which can complicate probate proceedings. No matter the size of your estate, and especially if you have children, it is always advisable to update any estate planning documents following a divorce. This will ensure your assets are passed to the beneficiaries you intend after your death. When you marry or remarry, any pre-existing estate plan may become void. Oregon law assumes you want your new spouse included in your estate plan and an ex-spouse excluded. Many, but not all, beneficiary designations are also changed. Updating your will after marriage guarantees your estate will be administered as you anticipated. For example, you may still want an ex-spouse to serve as trustee of a trust for the benefit of your shared children. You should confirm these intentions to guarantee everyone understands your desires.

Here is some more information regarding estate planning.

We encourage you to call our office at (541) 632-4313 to set up a free Family Wealth Assessment Planning Session. You can also reach out to us here and we can send you information to get organized prior to us meeting.

ESTATE PLANNING AFTER YOUR MARRIAGE OR DIVORCE

Family Law & Estate Planning

440 E. Broadway, Suite 300 | Eugene, Oregon 97401 | Tel. (541) 632-4313 | Fax (541) 623-4779

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