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Estate Planning After Divorce: 5 Documents You Must Update Immediately

Divorce is a legal and emotional upheaval — and in the middle of it, estate planning often falls to the bottom of the priority list. But failing to update your documents after divorce can have consequences that outlast the marriage itself.

1. Your will. In Texas, divorce revokes provisions in a will that benefit a former spouse, but this automatic revocation doesn't cover everything. Update your will as soon as you've decided to divorce, and again once it's final. 2. Beneficiary designations. Federal law governs most retirement accounts (IRAs, 401ks) and does not automatically revoke beneficiary designations after divorce. Your ex-spouse could still receive your 401(k) if you don't update the paperwork manually.

3. Power of attorney — revoke immediately and name a new agent. 4. Healthcare directive and medical power of attorney — update both documents so your ex-spouse is not your named healthcare agent. 5. Trustee designations in your revocable living trust — revoke your ex-spouse's appointment and name someone else.

Don't wait for the divorce to be finalized to begin this process. Speak with an estate planning attorney who can advise you on what can be changed during the divorce proceedings and what must wait.

📌 Divorce changes everything in your estate plan. Don't let your ex-spouse benefit from documents you forgot to update. Contact us today.

 
 
 

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