Estate Planning – after the divorce

At the conclusion of a divorce proceeding, both parties are sick of the legal system, lawyers and legal fees. This is understandable. None the less, it is important to address a change in your estate planning documents immediately after the divorce is final.

During your marriage – you had joint ownership of many assets which has now been dissolved. You named one another as the Personal Representative of your estate upon your death, the agent under your Durable Power of Attorney and the Patient Advocate under your Designation of Patient Advocate (Medical Power of Attorney).

Do you really still want your ex-spouse to serve in these capacities?

It is time to select new agents for each of these estate planning documents. You will want your health care and finances to be controlled by someone else in the event of your incapacity.

For individuals with minor children, there are post-divorce estate planning concerns as well. You cannot name a third party as the guardian of your child upon your death instead of the remaining parent. Your ex-spouse will have the first opportunity to raise your child(ren) if you die prior to their 18th birthday unless he/she is unavailable, doesn’t chose to do it, or is totally unsuitable due to prior abuse or serious criminal activity.

You can, however, name a conservator for your children. This individual would be responsible for the money you leave for the care of these children. Unless you would like your ex-spouse to control the money, it is important to name someone who would be willing to assume this duty and would do it honestly and carefully.

During your divorce, you became independent and you negotiated for your fair share. It is important that you assure that your fair share is passed on to those you choose.

Owner/Principal at Linda E. Wasielewski, P.L.C.
Estate planning specialist for over 15 years: Trusts, Wills, Durable Powers of Attorney, Patient Advocate Designations

Probate matters: Trust administration, probate of decedent’s estates, guardianships and conservatorships

Small business start ups: LLC’s; PLC’s; S-Corporations; Partnerships

Domestic Relations Mediation: Divorce, Custody, Parenting Time



Linda E. Wasielewski is a solo practice lawyer located in Traverse City focusing upon Estate Planning and Probate Law, providing legal services in Northern Michigan

Leave a Reply

  • RSS Feed
  • Google+
  • Facebook
  • Twitter

Address

Linda E Wasielewski
attorney & mediator
3199 Logan Valley Road
Traverse City, MI 49684
Phone: (231) 933-0829
Email: linda@lindalawtc.com

Recommendations

Linda is a true professional and gives very forward thinking and consultative advice. She was instrumental in assisting us in setting up a limited liability corporation. She is an expert in many areas of the law, from business incorporations to [...]
Linda is knowledgable, organized and professional. She can be counted on to be dependable and get the work done. She has the right mix of professionalism mixed with a good sense of humore and balance.
Linda is a pleasure to work with, she is knowledgeable and helpful.
Linda is a very professional and thoughtful attorney in Traverse City, Michigan. She is well respected in our community and I would refer any of my customers to her for their legal needs.
Linda has provided me with expert legal assistance from estate planning to personal counseling. I highly recommend her!
It is with great pleasure that I recommend Linda Wasielewski. I have known her for three years. Linda has always displayed a high degree of integrity, responsibility, and ambition. She is definitely a leader rather than a follower. She is [...]
Linda was quick to respond to our questions, and followed through on a timely basis. We would highly recommend Linda's services.
Linda is a wealth of knowledge and expertise when it comes to Estate Planning and Probate matters. She is quick, efficient and thorough. Linda is an especially skilled professional because she can talk about legal matters without making her [...]
Linda provided wills for my husband and me. They include Health information,living will and power of attorney and executor for each of us. She did a great job and we are happy to reccomend her. She has much knowledge in this (Estate)and other [...]
Linda is an intelligent, knowledgeable and compassionate woman. She is an excellent attorney who works diligently for her clients. In the courtroom the judges and other attorneys respect her. Linda is active in the community and enjoys working [...]
Linda's standards and ethics are the driving force behind her work! She is easy to work with and very accountable with regard to personal and secure matters. Her abilities are far reaching and because of that I will always choose not only work [...]
Linda puts her clients' best interests first and foremost. Her knowledge of estate planning law is extensive and Linda promotes basic planning tips. I would recommend Linda for any of your legal needs.
Linda is a part of our UBS Financial Services Attorney Network. I recommended her to one of my UBS clients who lives in Michigan. She did a great job for my clients and we are all very pleased.
I have used Linda as an attorney personally and professionally. I have been able to trust Linda with the many families that I have had the opportunity to work with over the past 5 years. I trust that she will be sensative, helpful and generous [...]