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Post-Divorce Estate Planning

Immediately after getting a divorce, most people are sick of dealing with attorneys. The last thing most of them want to do is to voluntarily have more meetings with attorneys to make changes to their estate plans.

However, it may be vital that they do so.

Getting a divorce is a significant event that should cause everyone to revisit their estate plans to make sure their ex-spouse does not gain control of any of their property.

For some people, the law will automatically modify their plans should they pass away without eliminating an ex-spouse.

For people who have minor children with their ex-spouse, things may not be that simple, as the Wills, Trusts & Estates Prof Blog discusses in “Planning Ahead After Divorce.”

The big issue?

What if you pass away while your children with your ex-spouse are still minors? In that case, your ex-spouse will most likely have custody over the children.

Any property left for your children either in a will or by operation of the laws of intestate succession will then be under the substantial control of your ex-spouse.

Your ex-spouse will get to manage the property and be able to decide what to do with it on behalf of your children. This can be avoided by going to an elder law attorney and getting a trust.

Reference: Wills, Trusts & Estates Prof Blog (Jan. 8, 2018) “Planning Ahead After Divorce.”

Hear From Our Clients
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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce