Your divorce decree and your estate plan serve two entirely different purposes. One governs the dissolution of your marriage. The other governs what happens to your children, your assets, and your legacy if something happens to you. Too often, clients assume that once the divorce is finalized, their affairs are “handled.” They are not.

Your Plan Should Reflect Your Current Family

A divorce fundamentally changes your life circumstances, and your estate plan must change with it. An outdated plan may still name a former spouse as executor, trustee, or agent under a power of attorney. It may fail to account for new relationships, additional children, or a changed financial picture. A properly updated plan ensures the people you currently trust are the ones authorized to act, and that your documents reflect present intentions rather than past ones.

Beneficiary Designations Require Independent Review

Life insurance policies and retirement accounts pass by contract, not by will or trust. Whoever is named as beneficiary receives those assets, regardless of what your estate planning documents provide. Some states automatically revoke a former spouse’s beneficiary status upon divorce; others do not. This is not a step to assume was handled — it should be confirmed directly with each institution.

Protecting a Minor Child’s Inheritance

Absent proper planning, assets left outright to a minor are typically administered by a court-appointed custodian, often the surviving parent. In a post-divorce family, that default may not align with the client’s intentions. A trust allows the client to name a trustee of their choosing and to set the terms under which a child’s inheritance is managed and distributed.

Guardianship — Long-Term and Immediate

If one parent predeceases the other, the surviving parent generally retains custody as a matter of law; a will cannot override that. But if both parents are unavailable, the court decides who raises the children absent a documented preference — and in blended families, that decision is frequently contested.

Equally critical is the gap most plans fail to address: the period immediately following an emergency, before any court process can begin. Without a document conferring temporary authority, the person physically present with the children may have no legal standing to consent to medical care or make immediate decisions on their behalf. 

Moving the Conversation Forward

We can help. Start by booking a Legacy Planning session. We’ll answer your questions, review your options, and go over our flat fees. If we’re a good fit, we’ll discuss next steps. If not, that’s fine too — mention this blog and we’ll waive the $550 session fee. Book here.