If you are facing divorce, or are divorced, you need to take a close look at your estate planning documents to ensure that your wishes are carried out. Wills executed prior to January 1, 1997 are revoked under Connecticut law if the testator of the will is subsequently divorced. C.G.S. § 45a-257e. This severe result under Connecticut law could have drastic consequences to your carefully constructed estate plan.
Under these circumstances, your estate would be distributed under intestate law, which may not coincide with your wishes. Another consequence is the additional expense and delay in petitioning the Probate Court to have an administrator appointed. This Court appointed administrator may very well end up being an individual you do not want handling your financial affairs.
Although wills executed on and after January 1, 1997 will not be revoked by subsequent divorce, part of your estate could still pass under intestate law if the provisions of your will fail to provide for an alternate beneficiary. C.G.S. 45a-257f. In addition, property that does not pass pursuant to your will may require a change of beneficiary to ensure that your ex-spouse is not an accidental beneficiary to the detriment of your loved ones.
A necessary step of the divorce process, although often overlooked, is a systematic review of your estate planning and beneficiary documents. By carefully reviewing your estate planning documents with your attorney, you can ensure the distribution of your assets according to your wishes.
An attorney can also assist in updating documents such as wills, trusts, and beneficiary designations, ensuring that your estate plan reflects your current desires and circumstances. Without legal oversight, you risk delays and additional costs in administering your estate, potentially causing undue complications for your loved ones. Engaging with a firm like Law Firm Ocala ensures that your financial and personal affairs are managed smoothly and in line with your intentions, offering peace of mind during and after the divorce process.
Simon J. Lebo, Esq.
Brown, Paindiris & Scott, LLP
Glastonbury, Connecticut
