Family Lawyer in Santa Barbara Providing Post-Divorce Estate Planning
Protecting your assets during and after a divorce
After filing for divorce, it’s important to update your estate plan to reflect the shared assets that now must be divided between you and your spouse. You also need to remove your spouse as beneficiary of your assets and make important decisions about who will control your estate and inherit your assets in the event of death. For many, this process is overwhelming. Trust an experienced family lawyer with McCleary (Mac) H. Sanborn, III, Attorney at Law to ensure that your assets are protected and your wishes upheld.
Designating beneficiaries of your estate
One major change that should take place after your divorce (or, with court approval, during your divorce) is removing your spouse as the beneficiary of your assets. Though some assets may be controlled by a will or trust, other assets — those for which you must name a beneficiary — will need to have the beneficiary statements changed. These types of assets include:
As your attorney, I work with you to ensure necessary changes are made to each of your individual assets following your divorce.
Children as beneficiaries of your estate
If you designate your children as beneficiaries of your estate and they are minors at the time of your death, the court appoints a guardian for the estate until the children reach age 18. Courts often name the other parent as guardian over the estate until that time. To avoid this, as your divorce attorney, I assist you in protecting your assets through a living trust as part of your estate planning.
Dividing your estate after same-sex divorce or domestic partnership
Planning your estate after domestic partnership dissolution involves much the same planning as that for traditional divorce. When dissolving your domestic partnership, a judge oversees the dissolution to ensure that community property is divided fairly. I assist you in this process to ensure your interests are carefully protected.
Same-sex couples and couples over the age of 62 who are registered as domestic partners in the state of California are entitled to inherit from their partner in the event of death, even if the partner does not leave a will. As your attorney, I offer valuable guidance in designating a new beneficiary of your assets to protect your estate after a domestic partnership or same-sex divorce.