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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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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

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

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

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben