Estate Planning During Divorce: Myth vs. Reality

Posted on August 26, 2019 by Chris Kirker

MYTH: I am going through a divorce; therefore, I can neither create nor amend my new or existing will.
REALITY: Texas Estates Code §253.001 expressly states that a court may not prohibit you from creating a new will or updating your existing will under any circumstances, including a divorce proceeding. Do not fall prey to the assumption that since you are going through a divorce, you must put your estate planning interests on hold. However, this does not mean that you are able to change beneficiary designations on certain financial accounts such as investment or retirement accounts. Changing beneficiary designations is different from drafting or updating a will and is strictly prohibited while divorce proceedings are ongoing.
Estate planning can be a confusing and complex task, especially when coupled with a divorce proceeding. You need an attorney who will not only fiercely advocate for you in your divorce but who is also highly qualified and knowledgeable about estate planning. If you find yourself in a divorce proceeding and are concerned about your property or estate interests, contact Kirker Davis, LLP to speak with a professionally skilled attorney today about your rights and next steps.

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