| Below is a list of articles with the most recent ones listed first. |
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Bankruptcy and Divorce |
| Individuals considering both bankruptcy and divorce have additional planning issues to consider. Which should be done first? Can we arrange our asset division to protect assets following divorce? Which assets can be discharged and which must be paid? Can income taxes be discharged? |
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Dying Before the Divorce is Final |
| Filing for divorce does not remove your spouse from your will as a beneficiary or an executor. You will have to wait until your divorce becomes final to remove your spouse from your will. Unless you want to take the chance on leaving your property to your spouse, you need to revoke your present wi... |
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Estate Plan Modifications & Divorcing |
| There is also a financial reason for changing your estate plan now. For example, let’s say you spend $500 for an estate plan. The estate plan is not an asset for the purposes of dividing the property in your divorce. |
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Financial Decisions and Incapacitation |
| If you have a durable power of attorney, your spouse’s right to make financial decisions for you under the durable power of attorney is not revoked by filing for divorce. If this is not what you desire, you should revoke the present durable power of attorney, and name another person as your ag... |
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Medical Decisions & Incapacitation |
| Your medical power of attorney is not revoked by the filing for divorce. A final decree terminates your spouse’s right to act under your medical power of attorney. If you have no medical power of attorney, the law makes your spouse first in the order of priority of persons who can make a medical d... |
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No Will & You Die Before the Divorce is Final |
| If you do not want to take the chance of your spouse inheriting your property, you need a valid will that expresses your current intentions on who should receive your property and who will be your executor. |
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Protecting the Children |
| A simple will is not sufficient if you have minor children. If you leave your property outright to your minor children, a guardian will need to be appointed. That is expensive and the guardian appointed is very likely to be your spouse. |
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Using Your Estate Planning Attorneys For Divorce |
| If that attorney saw you and your spouse together to accomplish your estate planning, then the two of you collectively are considered his client. That means what one spouse discloses to that attorney, may be disclosed to the other spouse. |
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