If you’re in the process of divorce, the last thing you may want to do is look at one more legal document – let alone your estate plan. However, you likely will need to make some important changes to one or more of your estate plan documents.
The changes each person needs to make are highly individual, based on their estate plan and their divorce. That’s why it’s important to get individualized estate planning guidance as early as possible. Here we’ll discuss just a couple of common questions and how Pennsylvania law addresses them.
Can I remove my spouse as a beneficiary?
Pennsylvania law typically does that automatically when the divorce is final. It states, “Any provision…in favor of or relating to the testator’s spouse shall become ineffective for all purposes unless it appears from the will that the provision was intended to survive a divorce.” This also applies if the testator (the person who made the will) “dies domiciled in this Commonwealth during the course of divorce proceedings.”
When can I remove my spouse as the executor of my estate?
If your spouse is the executor of your estate, your health care agent, and has powers of attorney (POA) and other fiduciary duties, you can likely remove them at any time since there’s typically no legal requirement that people name their spouse. There could potentially be an exception for specific types of trusts.
Pennsylvania law states that once a spouse “files an action in divorce, the designation of the spouse as agent shall be revoked as of the time the action was filed, unless it appears from the power of attorney that the designation was intended to survive such an event.”
It’s smart to go through your estate plan with professional guidance before filing for divorce. If possible, review what current fiduciary responsibilities your spouse has and determine what changes you wish to make once the divorce filing takes place. For example, do you want your spouse to continue in these roles or do you want to name one or more others to them?
It is also crucial to check on non-probate assets with named beneficiaries, such as payable on death accounts, life insurance, IRAs, and 401(k)s or 403(b)s.
It’s also possible that the final terms of your divorce may necessitate some changes to your estate plan, also. By consulting with an experienced estate planning attorney as you proceed through your divorce, you help ensure that your estate plan remains current and valid as you enter this new stage of your life.