Estate Planning in Divorce
Estate Planning During Divorce in Utah
Divorce is a significant life event that necessitates a thorough review and adjustment of your estate planning documents. In Utah, it’s crucial to understand how divorce impacts your will, trusts, beneficiary designations, and powers of attorney to ensure your assets and wishes are appropriately managed.
Impact of Divorce on Estate Planning Documents
- Wills and Trusts: In Utah, divorce or annulment automatically revokes any provisions in a will or trust that favor a former spouse. However, if you are in the process of divorce but it is not yet finalized, these provisions remain effective. Therefore, it’s essential to update your estate planning documents promptly during divorce proceedings to reflect your current intentions.
- Beneficiary Designations: Assets like life insurance policies and retirement accounts pass directly to named beneficiaries, regardless of will provisions. After a divorce, it’s vital to update these designations to prevent unintended beneficiaries.
- Powers of Attorney and Healthcare Directives: If your former spouse is designated to make financial or medical decisions on your behalf, consider appointing a trusted individual to these roles to ensure your preferences are honored.
FAQs
How does divorce affect my existing will in Utah?
In Utah, divorce automatically revokes any provisions in your will that favor your former spouse. However, it’s advisable to update your will during divorce proceedings to ensure it reflects your current wishes.
Do I need to update beneficiary designations after divorce?
What happens to joint property if one spouse dies during divorce proceedings in Utah?
If the property is owned as tenants by the entirety, it automatically passes to the surviving spouse. To prevent this, consider severing joint tenancy during divorce proceedings.
Learn from the Experts
Our Blog
Updating Your EState Plan amid divorce proceedings
The Importance of Revising Beneficiary Designations Post-Divorce
How Divorce Impacts Powers of Attorney and Healthcare Directives
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November 23, 2024Everyone in the office were so kind and helpful during my divorce. They are all very compassionate and competent and made the divorce process and court appearances easier and understandable.
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March 23, 2024An attorney of the utmost integrity, with a keen mind and a care and passion for his clients.
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October 23, 2024He has been helpful and was quick to accept our case and last minute as well. We had a lot of history prior to working with him and he wasted no time catching himself up. His help really gave us hope when things felt hard. He is understanding and he and his team has been great to work with.
Bre Samek
February 23, 2025Jonathan and Cassidy are so amazing. They helped me out so much going through my divorce. I went through a divorce for almost 6 years. I used 2 previous lawyers that were terrible and I wish I hadn't ever used. I found Porter Law Firm and they were so awesome to work with. They were able to navigate my case and get it completely done where others couldn't come close. I was always able to reach someone about issues or questions I needed answers to. They respond super quickly which was great because things change from day to day specially in a messy divorce. I recommend Porter Law Firm to everyone for any of your Law needs.
Dustin Porter
March 23, 2024Jonathan is of great help. Great attorney.
Wayne Higgs
March 23, 2024Jonathan Porter and his paralegal Cassidy are fantastic. They walked me through a messy divorce process and I felt had mine and my kids best interests at heart. I recommend them to anyone who needs a divorce attorney but especially if you have kid’s involved.
Shaylee Perez
March 23, 2024Jonathan was fantastic to work with, he was professional, and so quick responding to any questions that I had!!! Thank you for everything you literally changed my life!!!!!
jared love
March 23, 2024Jonathan and his team are amazing. They helped me with my case. They were very professional and when I had a question they were quick to respond. I would definitely recommend them
Eder Nogueron
July 23, 2024Jonathan and his paralegal Cassidy were very helpful to me in my post divorce legal proceedings. They were knowledgeable, responsive, and fought hard for me. I highly recommend Jonathan.
Amanda Jane
March 23, 2024
