So you’re done with filing your divorce papers. What’s next? If you and/or your former spouse have already made estate plans at some point during the marriage, then your former spouse is very likely named as your personal representative (also known as an executor) in your Will. A divorce decree does not automatically void this nomination, so it’s important for you to review this information. If you feel like your former spouse should no longer be the one to step in and administer your estate, then your will should be updated. As time goes on, family dynamics can change in unexpected ways. What used to be a stable marriage could crash and burn quickly. If this unfortunate event has happened to your family, it’s important to know that you’re not alone. Our highly skilled divorce lawyers are here to guide you through the process to make it go as smoothly as possible. If you are getting a divorce in Miami, call Arturo R. Alfonso, P.A. for a consultation today!
Steps After Filing For Divorce
So what do you do after you’ve filed your divorce papers and you don’t have anything left to contest? Now is the time to check through your estate plan and change things if you no longer want your ex-spouse to be your personal representation for your estate or in case of emergency. This remains true even if you’ve already nominated one or even two other alternate personal representatives, as the court will want to appoint the person based on priority: First nominee, second nominee, etc. Even if your former spouse is not the first nominee, the only way to make sure that they will not be appointed is to draft a new will. Moreover, if an estate plan was prepared during the marriage, it is very likely that it was written for your former spouse to inherit your estate upon passing, and also vice versa.
After Filing For Divorce In Miami
After the divorce is finalized, all the property will have been split between the two of you. Each of you will receive your share. In light of the divorce, you may want to think about who you will want to inherit your estate and how much you will want them to inherit. If you have children who are still minors, then you will have to figure out how much you’re still leaving them, which age you want them to inherit, and the best manner for them to inherit. Having an updated estate plan is particularly key if you have kids together and you and your former spouse do not agree on how you should take care of them. What if something happens to you? Would you want your former spouse to take care of your kids or their inheritance?
Contact Us Today
If you have finished filing for divorce, then it’s important to take the next step and evaluate how and if you still want your spouse involved in your estate. If you have children, then this is particularly essential. Arturo R. Alfonso, P.A. is a top family law firm in Miami. If you’re filing for divorce in Miami, call Arturo R. Alfonso, P.A. today!