COVID-19 Update: Sowards Law Firm is open and ready to serve clients during regular business hours. At this time, we are doing remote trust signings via Zoom/GoToMeeting, mobile notaries, and drive-up notaries. Please call us at (408) 371-6000 or use our online form to set up a teleconference. Watch this video to learn more.

Estate Planning During Divorce

Estate planning during divorce is important... but complicated.

There are­ some steps you can take on your own right away, others require notice or consent from your spouse. And still others need court approval.

So the team at sowards law firm wants to help you sort them out.

First, be sure to immediately update your power of attorney and health care directives.

You certainly wouldn't want a disgruntled spouse making financial or life and death decisions on your behalf.

You should also consider:

  • revoking your will or creating a new one.
  • creating a revocable living trust ( but remember you can't fund it without approval from your spouse).

In some cases, you will need a court order or your spouse's consent to take action. Things like:

Disposing any personal property or real estate... or funding or transferring assets to a trust.

Finally: Remember you are never allowed to cash, borrow against or change the beneficiaries on life, health or auto insurance when child or spousal support is at issue without a court order.

The attorneys at sowards law firm have years of training and can lead you through estate planning, regardless of the circumstance.