Rewriting a Will after Tennessee Divorce

A divorce attorney in Memphis can be very helpful in helping you rewrite your will after you get a divorce, which is often overlooked. You may not want your now ex-spouse to be included in the will anymore, especially if you are in a new relationship.

Going through a divorce can be such a draining experience. After going through the process of dividing assets, determining child custody, child support and alimony, the judge makes the decisions, and you may think it is all over. However, there are actually many more things to think about after the divorce is finalized, including rewriting your will, if you have one.

Although some may think that a divorce will void their current will, chances are it will not unless your state of residence has laws regarding this. If you have a will, it is a good idea to review it regularly and ensure that everything in it is still current. This is especially true if you are going through a change in marital status or have children.

Revising Your Will 

You can go about revising your will two main ways. The first way, called a codicil, is an amendment to your current will. You can take away certain aspects of the will or add new provisions. Some of the biggest disadvantages of codicils are that they can often be confusing and conflicting.

The more popular option when revising your will is to create a new one. You should destroy any copies of your previous will when writing a new one. When writing your new will, you will include formal legal language stating that the previous will is being revoked and is no longer valid. A divorce attorney in Memphis can help you with the process and ensure that the correct language is included.

Consequences of Not Revising Your Will 

It is best not to assume that your wishes will automatically be carried out once you pass away. Your will must specifically state which assets go to whom in the event of your death. There have been many instances where money and assets have gone to the wrong person, which has caused heated lawsuits and tension among family members.

You will want to make sure that your will is updated regularly to ensure that any new relationships are mentioned in it. After a divorce, you may remarry and have children with your new spouse, so you need to make sure they are all included in your revised will. Leaving them out while keeping your ex-spouse included may cause drama and heartache after you pass away. It may also leave your family unable to support themselves. After a divorce, contact a divorce attorney in Memphis to ensure that your will is updated.

For more information, please see Wills & Trusts in Tennessee Divorce Law.

Contacting a Lawyer 

There are many reasons a will would need to be rewritten, including getting divorced. Make sure not to overlook this important step, or your final wishes will not be properly carried out. Assets may go to people who you did not intend for them to go to, and those to whom you wanted to leave an inheritance may end up with nothing.

If you and your spouse are going through a divorce, make sure you seek legal help. Make sure that everything, including your will, is in order by contacting a lawyer. The Miles Mason Family Law Group has many years of experience as well as the expertise to help you achieve your goals both during and after your divorce.