At this office, we recognize the impact that divorce and other family changes will have on your estate plan. Although people often overlook this aspect of the divorce process, it is an important piece of the puzzle.
If you have previously prepared estate planning documents, it is likely that you have placed your spouse in a position of fiduciary authority, perhaps naming him or her as executor of your estate or trustee of a testamentary trust. In Pennsylvania, the commencement of a divorce action alone does not automatically curtail one’s right to inherit from a spouse. In fact, without further action, the divorce action will have no impact on your spouse’s right to inherit until the entry of a Grounds Order (an order signaling that grounds for divorce have been established) by the court.
If you have not prepared a will or power of attorney, you should consider the default outcomes under Pennsylvania law. Depending upon the status of your divorce action, your spouse may have more authority than you wish to grant him or her at the present time.
Also, if you do have a power of attorney or advance medical directive, it is likely that you named your spouse as your agent thereunder. Separation alone will not invalidate that appointment, but the filing of a divorce complaint will do so. Please keep in mind, however, that the filing of a divorce complaint will not impact the ability of your previously named successor agent to act. This is noteworthy, particularly if you have appointed a member of your spouse’s family as your successor agent.
Upon separation from a spouse or upon the filing of divorce, you should immediately review and reevaluate your planning documents. At this office, our attorneys will work with you to identify strategies to protect the financial future of the important people in your life.