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Do I need to write my ex out of my will?

On Behalf of | Aug 16, 2019 | Elder Law & Estate Planning

The question of whether you want to change your will or other estate plan documents during divorce would depend on your intentions. However, it also depends on how far you are along into the process. Minnesota law has some rules that automatically come into effect when you begin a divorce, and some that take effect when you finish. 

Please bear in mind that some documents may mention your spouse by name without regards to the marriage relationship. This circumstance, along with many others, could result in an exception to the statutory law discussed below.

State law automatically revokes many powers you may have granted your spouse upon the dissolution of marriage. That means that most things, such as status as a beneficiary in a will or a financial power of attorney would no longer be valid once you are divorced. However, there are many notable exceptions. For example, if you wish to still include your ex in your estate plan in some capacity, you could probably do so by following the proper procedures.

Generally speaking, divorce is among the most important events in regards to estate planning. Some others include marriage, adoption oh, the death of a beneficiary or the birth of a child. These are all momentous occasions with their own unique concerns, but it could benefit you to think about the future as well.

Regardless of how you intend to provide for your posterity, it is important that you begin the process with a detailed analysis. This is not intended as specific legal advice. It is only meant to form a background.

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