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Bouldin Law Firm
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Do I Need a New Will?

Kentucky law provides that after a divorce the provisions in a Last Will and Testament relating to the ex-spouse are treated as if that person pre-deceased the decedent.  In plain English, the law automatically writes your ex out of your will.  As such, you don't have to be concerned that your ex-spouse will inherit your portion of the remaining estate.  That said, IT IS DEFINITELY BEST PRACTICE to create a new or updated will following a divorce. Most wills between spouses leave all or a majority of the estate to their husband/wife.  In addition, the other spouse is often named as the executor of the estate, guardian of children and trustee for any trusts which may be created in the will (often for children).  The spouse could remain as trustee or executor even if they cannot inherit.  Moreover, there are many times when there is only one, or even no, alternatives to the spouse for filling of those positions. A new will will take into greater account how you wish for your children and others to receive funds from the estate.  During your review, you should also inquire and make sure that you have updated your life insurance, bank account and retirement beneficiaries.  Even if the law disinherits the ex-spouse, the beneficiary may remain the same.  Every year thousands of dollars are paid to ex-spouses as beneficiaries of those accounts. If you have not yet done so, contact an attorney to create a will. If you have been recently divorced, even more reason to update your will and estate plan.  Meeting with an experienced attorney will help immensely and they can guide you through the relatively painless process.  Call Michael at Bouldin Law Firm 859-581-6453 or email questions to [email protected] .  

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