Submitted by WilliamB on Mon, 08/03/2009 - 14:54
I am 90% sure I will be filing for a divorce in the next month or so. Can you tell me about any estate planning issues that I should be concerned about. I am already planning of changing my will, trust, etc. but I want to cover all the bases. Thanks.
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Editor's Response
The key thing is to change your estate planning documents as soon as you know your are filing for divorce. Because it can take several months from filing to finish, you should not wait until the divorce is finalized. In fact, you should take your existing will, any trusts, health care proxy, power of attorney, etc. to an attorney who does estate planning BEFORE you file for divorce.
Also, while you are talking to the estate planning attorney, make sure you discuss retirement plans, life insurance and investments. Massachusetts law allows certain changes to be made before you file for divorce, but not after. Good luck.