Divorce can be a lengthy process that involves many changes like finding new housing, creating a visitation schedule, and separating shared property. Our McAllen divorce lawyers can help with such things as keeping your property and ensuring that your estate plan is sound and legally binding. If you’ve drafted an estate plan and divorce is on your horizon, then you’ll definitely need to adjust your document. Here are three things to keep in mind.
When Your Ex-Spouse is Involved
Before divorcing, we highly suggest drafting a new will. We’re familiar with the legalities of probate law and estate planning. Work with us and we’ll help you:
- Review your prenuptial or postnuptial agreements.
- Find a new executor for your estate plan if your ex-spouse holds that title.
- Determine which shared property you’ll need to split with your ex-spouse.
When Your Children Are Involved
When drafting a will, you should determine your children’s care. If you happen to pass away while your children are under 18, then full custody will go to your ex-spouse. However, you can list alternate guardians if you feel your ex-spouse is unfit for childcare.
In your estate plan, you can:
- Name a new guardian for your children.
- Create a trust with monetary gifts for your children. You must also name a trustee to hold those gifts until your children are 18.
Other Documents to Change
Estate plans typically include other documents besides wills and trusts. These include:
- A power of attorney who’s given access to your assets like property, bank accounts, stocks, real estate, etc.
- A health care proxy that names an individual who makes important decisions on your behalf should you become incapacitated due to injury or illness.
Contact Our McAllen Divorce Lawyers
If you don’t have an estate plan already, then our divorce lawyers in McAllen can help! We assist in all areas concerning estate plans and probate. Contact us today to get started!