Updating your Will After Divorce
Executor Designation
You will want to make sure your ex-spouse is not listed as your executor in your will. The executor or personal representative is in charge of carrying out the terms listed in your will. If your ex is still listed as your executor, you will probably want to have a new will created.
A lot of states have laws that will actually revoke your ex-spouse from serving as the executor or trustee of your will or trust. If you designated someone to be an alternate executor in your will, he or she will be appointed to act as the executor instead. It is better to be safe and create a new will that appoints other people as your executor and alternate. You do not want to rely on state laws alone.
The executor of an estate has many responsibilities:
- Maintaining the property until the estate is settled (upkeep of grounds/house)
- Paying estate taxes
- Court appearances for the estate
- Distributing assets as specified in the will
- Paying the estate’s bills
You can choose just about anyone to be your new executor, but there are some qualities that need to be kept in mind. Family dynamics also play a role in who you should appoint as an executor.
- Honesty
- Organization
- Communication
It is important to consult an estate planning attorney you can trust before making these decisions. The estate planning attorneys at Brandon legal Group possess the skills and experience to help you with your estate planning issues. Contact one of our experienced estate planning attorneys to get the legal advice you need.
