Ready to File for Divorce but Worried About Your Spouse Having Control of Too Much? Get a New Will with an Estate Attorney

27 November 2019
 Categories: , Blog

Going through a divorce can be stressful, if you are considering divorcing your spouse and you want to make sure that they wouldn't have control of your medical decisions and other benefits if something happened to you, meet with an estate lawyer. If you currently have a living will with your spouse you will want to file a new one, and it needs to be notarized so that the other will is voided. There are a lot of things that you will want to go over, especially if you know a divorce is in the future.

Get a Copy of Your Old Will

The estate lawyer will want to go through the old will to see what you and your spouse agreed to, and to see how everything is laid out. This is important because you want to know what needs to be changed, how your lawyer needs to word things, and what can't be changed until the old will is voided or the marriage is over. This is a must-have when you go in for your consultation.

Explain Changes You Need in the New Will

Go over the changes you want to make in your will so that you are sure the wrong person isn't in control of what you leave behind. Talk with the estate lawyer about:

  • Picking an executor of the will
  • Having a new power of attorney
  • Who you want to have the kids if your spouse isn't alive
  • Life insurance information
  • How you want assets divided

You need all of this so that if you are going through the divorce process or if you get divorced, this will is already in place and you don't have to worry.

Talk with Life Insurance Professionals

Your life insurance policy will be in your name. You want to call the life insurance provider and talk with them about changing the beneficiary on your policy. This may mean having the money diverted into a trust until the kids are a certain age, or setting some money aside for other reasons. Get this sorted out and let the attorney know you've completed the changes.

If you know that you don't want to be married and you are going to file for divorce, meet with a lawyer so you aren't dealing with a medical emergency and your soon to be ex-spouse is the one making your medical decisions. Instead, you can get the will sorted out today by contacting an estate planning service.