The process for a divorce is often stressful, long and complicated. It also represents a unique time to look at your Estate Planning documents. If you already have Estate Planning documents in place, it is likely that your spouse is named as the beneficiary in your will and is the executor of your will. In addition, the spouse is usually the person named as the primary agent for the Statutory Power of Attorney, Medical Power of Attorney and Directive to Physicians. If anything dire happens to you during the lengthy divorce proceedings, your spouse may inherit your assets. If you are incapacitated, your spouse will have control over your assets and any medical decisions pertaining to you. Once you begin the divorce process, it is imperative to update your Estate Planning documents or create them if you don’t already have them to eliminate the divorcing spouse’s control.
AUSTIN REAL ESTATE ATTORNEYS
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