Estate Planning During Divorce: What Maryland Parents Need to Know

Divorce is a challenging process, and amid the emotional and logistical complexities, estate planning might not be top of mind. However, it’s crucial to update your estate plan during a divorce, particularly if you’re a parent in Maryland. Here’s what you need to know:

1. Revoke or Update Your Will: While a divorce is pending, Maryland law treats your spouse as if they passed away. This means any provisions in your will that pertain to your spouse will be revoked. However, it’s still essential to update your will to ensure your assets go to the intended beneficiaries, especially your children.

2. Beneficiary Designations: Review and update beneficiary designations on life insurance policies, retirement accounts, and other financial assets. Ensure that they align with your post-divorce wishes. Failing to do so can result in your ex-spouse receiving unintended assets.

3. Consider Guardianship: If you’re a parent, think about who you’d want to appoint as the guardian for your children if you pass away or become incapacitated. It’s essential to designate someone who is suitable for this responsibility.

4. Power of Attorney: Reevaluate your power of attorney documents. You may no longer want your former spouse to have the authority to make financial and healthcare decisions on your behalf.

5. Seek Legal Guidance: Consult with an estate planning attorney in Maryland who is well-versed in handling estate matters during divorce. They can guide you through the legal intricacies and ensure that your plan complies with state laws.

Estate planning during a divorce is a necessary step to protect your interests and your children’s future. By updating your documents and seeking professional assistance, you can navigate this challenging period with confidence. For more information, contact [email protected] to consult with an experienced estate planning attorney.

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