Removing an Ex-Spouse from Your Estate Plan

Are you in the process of getting divorced, planning on a divorce, or recently divorced? If so, it is time to review your estate plan with a dedicated Connecticut estate planning lawyer. While Connecticut law has some components to prevent an ex-spouse from inheriting your assets after a divorce, there are several steps you will likely need to take in order to effectively remove an ex-spouse from your estate plan. If you already have an existing estate plan, the review process should be relatively straightforward and quick if you are working with an estate planning attorney. In the meantime, our firm can provide you with more information about how Connecticut law treats ex-spouses and what you will likely need to do if you want to remove your ex-spouse from your estate plan.

Review Your Will

Connecticut law actually sees a divorce as creating a change in a person’s will — if you have left assets to your spouse, Connecticut law will not allow those assets to be distributed to your ex. Instead, under state law, after a divorce, if a given party’s will left assets to a spouse from whom they were divorced at the time of their death (and if the terms of the will were created prior to the divorce), Connecticut law will act as if the spouse predeceased the deceased, and the assets will go to the next person in line. Likewise, an ex-spouse who was named as an executor of the deceased’s estate prior to the divorce will no longer be permitted to serve in that role.

However, it will be much easier if you revise your will or make a new will so that Connecticut statutory law does not need to be applied in this way.

Amend Your Revocable Trust

Connecticut law also says that an ex-spouse who was named as a beneficiary or trustee prior to a divorce will no longer have those assets distributed to them or to be able to serve as a trustee. Yet in the same way it is important for a will, you should amend your revocable trust so that the added step of applying statutory law will not be necessary.

Revoke or Amend Powers of Attorney and Health Care Representative Designations

Does your now-ex have power of attorney for you in certain circumstances? Or did you name your ex-spouse as your health care representative during your marriage? Connecticut law will not change these assignments, and you will need to do so yourself if you do not want an ex-spouse having authority over your finances or certain health care decisions.

Change Your Beneficiary Designations

Connecticut law that removes an ex-husband or ex-wife from a will and a revocable trust does not remove an ex-spouse from beneficiary designations that have been made. Accordingly, you will need to change these beneficiary designations yourself. These include both beneficiary designations made in pensions and insurance policies, as well as payable-on-death (POD) beneficiary designations on various types of bank accounts. If you do not make these amendments after your divorce, your ex-spouse will still be the party entitled to these assets.

Contact a Canton Estate Planning Attorney Today for Assistance

Divorces in Connecticut can be messy, and they can get contentious and complicated. While you might not want to revisit anything concerning your divorce once the terms are finalized, as we have discussed above, it will be important to seek advice from an experienced Canton estate planning lawyer at the Law Office of Brian S. Karpe after your divorce so that you can ensure your ex-spouse will no longer be able to inherit any of your personal and separate assets, or to receive assets as a designated beneficiary. Contact us today to review your estate plan and to make any necessary changes after your divorce.

Sources:

cga.ct.gov/2023/pub/chap_802a.htm

portal.ct.gov/-/media/ag/health-issues/advdirectivescombinedform2006alt-pdf.pdf?rev=1475e3fcefa446ca8d07e3160f6102ad&hash=B9F8DDDDACABFA1FE24E615C355FED2D