Should you get a new will if you get divorced?
Speaker 1: Hey, good morning, Tom. Got a question for you. I'm recently divorced. I had a will. I know I need to get a new will. Actually two-fold question. Does the divorce decree stop, if something happened to me before a new will, from everything going into my ex-wife? That's first question. Second one, I hear you talk often about ladybird deed. That's something I should have in conjunction with the will so the property passes to my daughter.
Attorney Tom Olsen: Ron, when you get divorced, your now ex-wife is automatically removed from all your documents. It is as if she predeceased you. Ron, if you die tomorrow and you still got a will that says you leave it to your ex-wife, she's automatically out. Now with that said, Ron, it is still worthwhile for you to redo your documents. If, Ron, people are using a ladybird deed for the purpose of avoiding probate, if your beneficiary is your adult child then a ladybird deed would be an excellent tool for you.
Speaker 1: I don't need another will then, but probably should?
Attorney Tom Olsen: I do want you to have a new will. Yes. You don't have to because your ex-wife is automatically removed from it, but it would still be good practice for you to redo that will.
Speaker 1: Just a lot cleaner that way.
Attorney Tom Olsen: Absolutely, and Ron, don't forget that when you did that will, you should have done some related documents. A living will, pull the plug. Healthcare, surrogate, financial power of attorney, throughout those documents you named your ex-wife. Now you need to redo them all and name your daughter as the one taking care of business or healthcare for you.