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Home >> Estate Planning Articles >> Picking up the Pieces After Divorce

Picking up the Pieces After Divorce

October 7, 2015 by Robert Kulas.

Picking up the Pieces After Divorce

Compliments of Our Law Firm,
Written By: The American Academy of Estate Planning Attorneys

Consider all the planning a couple may do during the course of their lives: purchasing a home, building a business, starting a family – the list is endless. However, no one plans for a break-up. So what happens when there’s no longer a “happily ever after?” What will our finances, our emotions and even our future look like on the other side of divorce?

Not only must we rethink our immediate future, but there are also long-term plans that must be addressed. Specifically, our estate plans will need to be revised. The fact is, it’s difficult to look past the pain that’s felt in the moment, and looking towards the future may suddenly feel foreign. But taking a proactive step in reducing the risks and going through the process of making important changes can help us feel more in control. Not to mention, there are many benefits that come from knowing those legalities are addressed. Here are a few ways to move toward those goals during a divorce from an estate planning perspective.

One of the most important changes you’ll make moving forward is changing the beneficiary designation on your retirement plan. Don’t forget that you’ll need to change the beneficiary on your actual retirement account, as many assume the only place these changes should be reflected is on their estate planning documents. The beneficiary on the retirement account takes precedence over anything you might have changed in your other legal documents.

Your powers of attorney–financial and medical–should be revised as well. Even if the divorce was mutual, odds are, you’ll want to name someone else to make medical and financial decisions on your behalf, should you become incapacitated. Your life insurance policy should also be reviewed.
Just as you changed your other joint accounts, such as credit cards and bank accounts, any Trusts you established as a married couple will need to be amended.

You likely have a HIPAA authorization form in place, as well. These important documents are designed to protect your medical confidentiality while also preventing access to your information by others with no authorization, such as a former spouse. You’ll want to be sure these forms are also updated.

From a technological perspective, you should also change your PIN numbers associated with any of your financial accounts and change passwords to your online accounts. This is really sound advice regardless of the situation, but certainly if you’re going through a divorce.
Finally, remember that a bit of time spent with your estate planning attorney after a divorce can go a long way in shoring up the path towards retirement, whether you remarry or opt to remain single.

Divorce is overwhelming, frightening and sometimes exhausting. While those emotions will subside over time, it is both important and empowering to take control over aspects of the future you can make better in the meantime. A qualified estate planning attorney can help you reach those goals.

Kulas & Crawford

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

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Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Krissy L.
Client Review
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Leo C.
Client Review
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

default image
Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

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L.G.K.
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