When the ink dries on the divorce papers, many people feel like they can finally exhale. But there might be one more piece of unfinished business. You need to think about those estate planning considerations after a divorce in California.

Revising your estate plan after divorce is about protecting your future and giving yourself a clean slate. Here is what you will want to keep in mind.

Start Fresh with Your Will and Trusts

A divorce decree does not rewrite your estate plan. If your will or trust leaves assets to your ex or gives them a decision-making role, those documents may be outdated or ineffective.

You may want to ask yourself:

• Who do I actually want to inherit my property now?
• Who do I trust to handle things if I’m not around?
• What provisions no longer fit my life?

Updating these documents now keeps your wishes clear and avoids leaving loved ones with a confusing legal mess later.

Review Beneficiary Designations

Keep in mind that your will does not control everything. Retirement accounts, life insurance, and “payable on death” bank accounts transfer directly to whoever is listed as the beneficiary. And unless you have updated those forms, that person may still be your ex-spouse.

Sometimes, California law cuts off an ex-spouse’s rights to inherit once a divorce is finalized. However, relying on that rule is risky, especially if you have something like a 401(k). These accounts may still pay out to your ex if you do not update them. 

Planning for Kids and Guardianship

If you share children with your ex-spouse, you will want to give this part extra attention. Normally, if one parent passes away, custody goes to the surviving parent. But sometimes, you may want someone else to step into the parental role.

With a will or trust, you can name a guardian to step in if needed or designate someone to manage assets on your child’s behalf. Remember that California courts will still look at the child’s best interests. However, your documented wishes carry a lot of weight. 

Powers of Attorney and Health Care Decisions

Many people overlook the power of attorney and the health care directive. If you set these up during your marriage, you probably gave your spouse the authority to make decisions if you were incapacitated. 

But now, that may not be the person you want to make medical or financial choices for you. Make sure to update these documents to put that responsibility in the hands of someone you trust.

Untangling Community Property Issues

California is a community property state. That means anything acquired during the marriage was divided in the divorce. However, the lines are not so clear-cut. You might still co-own a house with your ex-spouse or deal with the issue of spousal support. Those financial ties can affect your estate plan.

For example:

• If you co-own property, what happens to your share if you pass away?
• If you are paying support, how will that obligation be handled?
• If you inherited property during marriage, is it clearly titled as yours alone?

You will want to have these details taken care of with an attorney. They will make sure your plan reflects your actual assets, not assumptions that could cause trouble for your beneficiaries.

Set Up Your New Plan

Once you have updated the basics, you may want to establish or reevaluate your estate plan to fit your new life. This is the time to possibly create a trust to avoid probate for your heirs, explore new tax strategies, or make provisions for a future blended family.

Think about divorce as an opportunity to give yourself a fresh start.

Learn More About Protecting Yourself in a Divorce 

While divorce closes one chapter, you now have the chance to rethink your future on your terms. There are plenty of estate planning considerations after divorce in California. You will want to have legal guidance during this time.

By updating your estate plan, you will know that your assets and loved ones are protected as you want. At Roberts & Zatlin Family Law Firm, we can make sure that your interests are protected throughout the divorce process and beyond. 
Whether you have questions about filing or are facing a contentious separation, reach out to us to schedule a consultation.