Updating your will after divorce is crucial because you cannot assume that the terms of a divorce or even state laws will be able to revoke your ex-spouse as the beneficiary and overrule what is listed in these documents. Under the ERISA (the Employee Retirement Income Security Act), pensions, 401(k)s, and life insurance provided by your employer are considered “qualified plans”. They are regulated by the federal government and trump the state laws. In these cases, the beneficiaries appointed in each document will remain the beneficiaries unless changed directly in the document itself. You will want to make sure you remove your ex-spouse as the beneficiary on these documents for that reason.

Suppose you won everything you had hoped for, but you neglected updating your will after divorce.  And then tragically, were to be hit by a bus the same day.  Would your will as it was written when you were married, still take care of your family the way you would want it?  Be responsible, take care of your family appropriately.  Be sure to update your will to reflect your wishes.  The attorneys at Brandon Legal Group also work on issues of wills and probate. Contact Brandon Legal Group today, whether or not we facilitated your divorce, to be sure that your desires are met for your family in your will.

 

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