Yes, estate planning should be at the top of your priority list, now that you’re divorce is behind you, and you’re starting a new aspect of your life. Remember that all of the estate planning you conducted during your marriage was revoked because of the divorce. Here are some of the key reasons why it’s definitely time to revisit your estate planning:
• You need to be sure that you former spouse has no control over funds that you leave to your children in your will. You’ll want to therefore designate another party (such as a child, friend, advisor, etc.) who can act either as your children’s Trustee, or as their Custodian (per the “California Uniform Transfers to Minors Act”).
• In the event of your and your ex-spouse’s death, you want to control who should be appointed as a Guardian to any of your minor children. You also want to name a Guardian in the event that your ex-spouse survives you, but is deemed by the court to be unfit to be your children’s Guardian.
• You want to ensure that the assets you allocate in your will are administrated in per your wishes, and that your estate is administered by a person that you’ve chosen.
• In the event that you become incapacitated, you want to put in writing (via an “Advanced Health Care Directive”) your desires with respect to life support, and who should be making decisions when you are unable.
By Josh D. Simon
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