Helping You Navigate Through Life’s Transitions

Your Will and Your Divorce

| Jan 29, 2014 | Firm News

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If you’re going through a divorce or recently finalized a divorce, you should consider changes you may need to make to your Will.

What is a Will?

· A set of instructions that provides how your want property to be distributed after your death. You can also nominate a guardian for your children and choose who you want to be in charge of administering your estate after your death, among other things.

What happens to my Will when I get divorced?

· A judgment of divorce automatically revokes any provision in your will that favors your former spouse. (ORS 112.315)

· Your divorce attorney should also include language to this effect in your judgment.

What should I do during my divorce?

· You should speak with an attorney and discuss whether you should draft a new Will before or during your divorce. If you were to die before your divorce was finalized, your current will would remain in effect.

What do I need to do after my divorce?

· Even though your divorce will revoke any provision that favors your ex-spouse, you should draft a new will. After your divorce, your financial situation will likely have changed.

What if I don’t have a Will?

· If you don’t have a will, you should get one. Every adult should have a will. In your will you can: distribute your property as you want, make specific gifts to people or charities, nominate a guardian for your children, name someone to take care of your pets, and choose who you want to be in charge of administering your estate. If you die without a will, the Court will follow the law of “intestate succession” to determine who will receive your property.