While having a last will and testament is essential, it’s understandable that changes may be needed over time. Life events, such as divorce, commonly require updating your will to ensure that your ex-spouse is not named as a beneficiary. This ensures that your assets are passed on to the people you truly intend to inherit them. Always check in with an Arkansas estate planning attorney firm you if you have questions about your will after a divorce.
Do You Have To Update Your Will After an Arkansas Divorce?
Can your ex-spouse still inherit from you after an Arkansas divorce? An ex-spouse will be removed from a will after a divorce. According to Arkansas law, all provisions in a will in favor of the testator’s ex-spouse will be revoked if the marriage ends in divorce or annulment after making their will. As a matter of law, this will prevent your ex from inheriting anything mentioned in your will. However, you must check if your current will designates an alternate beneficiary to inherit in place of the ex. This is a reason why it is crucial to update your will, in order to ensure your estate is distributed according to your current wishes.
How To Update an Arkansas Will After A Divorce
In Arkansas, you can update or change a will at any time. One way to do this is to add a codicil, which is like an amendment to your current will. Another way is to create a completely new will. These are both good options, but the decision between them will depend on what circumstances have occurred in your life and how much you want to change in your will. Additionally, creating a new will or adding a codicil requires that the documents are executed according to Arkansas law in order to be legally valid and enforceable. A knowledgeable Arkansas estate planning attorney can work with you to determine the most practically solution to get your desired result.
You Must Evaluate All Aspects of Your Estate Plan After an Arkansas Divorce
While under Arkansas law, an ex-spouse will be revoked from a will, it is important to look at all parts of your estate plan. There are still ways in which an ex-spouse could potentially inherit. For one, it is likely you still have your former spouse listed as a beneficiary of certain accounts. These could include retirement accounts, life insurance policies, or other financial accounts or assets in which they are listed as the designated beneficiary. If you don’t take the necessary steps to update these, your ex may still have access to these accounts or inherit those assets if you pass away.
Another important consideration is who you have designated to make medical decisions on your behalf if you’re unable to do so yourself. Typically, individuals designate their spouse as their durable power of attorney for health care. However, after a divorce, you may not want your ex in your life at all, much less have access to your medical records or the authority to make decisions on your behalf. Therefore, it is important to update your durable power of attorney for health care immediately. Updating this ensures that someone you trust is in place to make decisions on your behalf.
Contact L. Jennings Law Today For Your Estate Planning Needs
L. Jennings Law is an Arkansas firm that helps individuals in all area of estate planning. Reach out to us if you need help with your will or other estate planning documents after a divorce. We understand the intricacies and nuances surrounding Arkansas law. We also understand the deep love you have for your family and the importance of ensuring your estate is distributed according to your wishes, benefiting your loved ones. Let us help you take the stress off of your shoulders. Contact us today to schedule a consultation at us of our office locations.
