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Updating your will after divorce

Naming an executor

If you don’t want your ex-spouse to inherit your property, you probably don’t want him or her in charge of your estate, either. But if you named your spouse as your executor (called your personal representative in some states), it could happen unless you make a new will.

In many states, divorce revokes the appointment of a former spouse to serve as executor of the will or trustee of a trust. The alternate executor, if you named one in your will, would serve instead. Still, don’t count on state law—in your new will, appoint a new executor and an alternate.

When naming an executor of your new will, there are certain qualities to keep in mind. The three main qualities your new executor must have are trustworthiness, staying organized, and honesty. There are many other factors to consider when naming an executor though.

It is common to name your sibling, or child as executor, but in the event of multiple siblings or children, care must be taken to avoid making a choice that would cause family in-fighting and ultimately a contest of the will. It is also important to name a new alternative, should your executor not be able to fulfill their duties. Thankfully, Taroff & Taitz, LLP’s expert estate planning attorneys are able to handle all of this for you.

Our attorneys are experienced in the setting up of wills, insurance trusts, and estates. We recognize your need to keep certain funds out of your taxable estate and offer our insurance trust administration services which we are uniquely qualified for. Should there be a contest of your will or trust, our attorneys are experienced in all manner of will, trust, & estate litigation. Contact us today to take care of all of your estate planning needs.

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