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Lombard estate planning attorneyMost people recognize the importance of having an estate plan in place just in case something unexpected happens. Depending on the size and nature of your estate, a comprehensive estate plan may include a will, various types of trusts, powers of attorney, a living will, and more. Sometimes, however, the unexpected “something” can take the form of a divorce. A divorce can dramatically impact your existing estate plan, so if your marriage will soon be ending, you will need to review and amend nearly every element of your estate plan.

Over the next couple blog posts, we will highlight several types of estate planning tools and how they might be affected by your divorce.

Your Will

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Lombard estate planning lawyerFor most couples, divorce is a difficult, time-consuming, and often expensive process. The considerations that accompany a divorce can seem almost endless, from determining who will keep which assets, how parental responsibilities will be divided, and whether spousal support is necessary. In the back of your mind, you probably realize that, at some point, you will need to update your will and other estate planning documents to address the property and obligations allocated to you during the divorce. But what if something were to happen to you before your divorce is finalized?

Your Estate Plan After Divorce

According to Illinois law, a divorce judgment will make certain changes to most estate planning documents in the event that a person dies before amending his or her estate plan. For example, if you named your spouse as the executor of your estate in your will and you pass away after your divorce has been finalized, the will shall be treated as if your spouse died before you. The same is true if your will left property to your former spouse, as well as if you appointed your spouse to be your power of attorney.

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