Texas Estate Planning and Divorce

If you are going through a divorce it is important to start reevaluating any estate planning documents you have in place. If you've done a will during the marriage, chances are you will need to execute a new will. 

Texas law automatically nullifies a will provision giving property to a former spouse if the will was done before the divorce. However, you still need to put in new provisions to state how you want your property divided now. If it's going to your young children you want it to be in a trust and you need to name a trustee. Your old will may have named your spouse as a trustee, but that may not be how you want it handled now.

Additionally, the old will may have named your former spouse as the people entrusted to handle your estate- paying debts and distributing your assets. You probably don't want your former spouse to have that responsibility now. 

Finally, if you executed other estate planning documents during marriage such as a Durable Power of Attorney, Medical Directive, Medical Power of Attorney, those will need to be reconsidered too. 

A divorce involves many changes and one commonly overlooked part is estate planning. Make sure any estate planning documents are reviewed with an attorney and execute new documents if needed. This will make sure your preferences are carried out if you were to pass away.