Estate Planning | Making a Difference One Family at a Time

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inheritance planning 1If you have gone through a divorce, you may wonder what effect it has on your estate plan.

Many people assume that their ex-spouse is automatically removed from everything, but that is not always the case. While Connecticut law does revoke certain provisions, you still need to take action to bring your plan up to date.

You do not have to start from scratch. However, reviewing your documents with an estate planning attorney will help make sure your assets go where you want them to go.

Connecticut Law

Under Connecticut law, divorce or annulment generally revokes any provisions in your will or revocable trust that favor your former spouse. That means if you left property to your spouse in a will created before the divorce, those gifts are treated as if your ex had died before you.

This rule also removes your ex-spouse as executor or trustee if your documents gave them that role. Connecticut General Statutes § 45a-257c applies these changes automatically when a marriage ends.

Still, relying on this default rule is not a substitute for a proper update. Your estate plan may include other documents and accounts that need attention.

Update Your Will or Trust After Divorce

Even though the law revokes gifts to a former spouse, you still need to update your will or trust. Without new instructions, your assets may be distributed in ways that do not match your wishes. You may also want to name new beneficiaries, trustees, or executors.

Updating your estate plan is your chance to take full control. You can name the people you trust most and provide clear directions about how your assets should be managed.

Beneficiary Designations Are Not Covered by the Same Rule

Some of your most valuable accounts may transfer outside of your will. Retirement accounts, life insurance policies, and bank accounts with payable-on-death designations rely on beneficiary forms. These are not automatically revoked by divorce.

If your ex-spouse is still listed as a beneficiary, they may receive those funds unless you file new forms. That is why updating beneficiary designations is just as important as updating your will.

You should review every account with a named beneficiary, including:

  • Life insurance policies
  • 401(k), IRA, and other retirement plans
  • Bank accounts with transfer-on-death designations
  • Investment accounts with named beneficiaries

Each institution has its own process, so you will need to contact them directly to make changes.

Address Jointly Owned Property

If you owned property jointly with your spouse, you may need to take additional steps after the divorce. Some assets may have been divided during the divorce process. Others may still be titled in both names.

It is important to check how your assets are titled and make updates where needed. A house, vehicle, or bank account that remains in both names could lead to confusion or unintended transfers.

Your estate planning attorney can help confirm that your assets are titled correctly and that your plan reflects your current situation.

Do Not Forget Your Powers of Attorney

Estate planning is not just about who receives your assets. It also includes naming people to make decisions for you if you are unable to act on your own.

If your former spouse is still listed as your agent under a power of attorney or advance directive, you may want to name someone else. These documents can be updated at any time.

Naming new agents helps avoid unnecessary complications and gives someone you trust the legal authority to step in if needed.

The Benefit of Working With an Attorney

Updating your plan after a divorce is not complicated, but it does take attention to detail. An estate planning attorney can help you identify which documents need to be revised and walk you through the process.

By making changes now, you avoid confusion later. You also make things easier for your loved ones, who will be able to follow your instructions without second-guessing your intentions.

Schedule a Consultation Today!

Our firm can help if you would like to work with a lawyer to adjust your existing plan or put an initial plan in place. We have estate planning offices in Westport and Glastonbury, Connecticut, and you can call us at 860-548-1000 to schedule a consultation at either location.

There is also a contact form on this site that you can use if you would rather send us a message.

Diana O'Rourke, Estate Planning Attorney
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