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
Divorce can be a stressful thing to navigate. Johnathan Porter and his team go above and beyond to protect your best interests. They communicated with me every step of the way. I feel Johnathan really listens and asks questions to truly understand all the facts. I highly recommend Porter Law firm to anyone needing legal counsel! Thank you for everything.
CB
March 23, 2024Porter is a great attorney! I felt listened to and he always gave me options to get to where I wanted to go. He was professional and responsive. I highly recommend him.
jessica bendezu quispe
December 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, 2024I am very grateful for Jonathan Porter and the wonderful team at Porter law firm. Everyone I've had the pleasure to work with has been extremely helpful, empathetic, and informative every step of the way. I would certainly recommend this firm 100 times over.
michael wood
March 23, 2024When I first started to pursue my case, Jonathan Porter was the only attorney I called (out of about 15) that would entertain it. He and his staff have been absolutely incredible to work with. Jonathan made me feel heard when everyone else wouldn’t even listen. I can’t recommend Porter Law Firm enough!
Brianna Davey
February 23, 2025Jonathan 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, 2024Jonathan helped my brother in a custody case, he was fair, kind, and caring throughout the process. Jonathan and his team were so great to work with.
Sydnee Hammer
July 23, 2024Was an amazing help, answered all my questions and concerns very quickly and easy to understand!
harli trussell
February 23, 2025Highly Highly Highly Recommend!! Porter Law Firm is a first class office that is all in for their client from the time you first step foot into their office until your case is closed. Jon, Stephanie and Cassidy were very responsive (text, email or call) anytime I reached out which was critical during these stressing times/case. If you’re looking for a Divorce lawyer that truly cares about you and your needs, look no further. Fingers crossed that I never need them again, but if I do, my first call will always be to the Porter Law Firm. Thank you, Jon and team!!
NICHOLAS SADY
November 23, 2024My fiance and I came to Jonathan Porter so he could get divorced from his prior marriage. They were very friendly, helpful, and reasonably priced. We were able to have the divorce final within a few months. We are very satisfied and highly recommend.
Jessica Fowler
March 23, 2023
