Changing a Will and Last Testament after a Divorce

Dec 22
12:13

2010

Michael  Dar

Michael Dar

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Divorce and how it affects a Last Will and Testament

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Divorce can be one of the most difficult and challenging experiences that an individual must go through. There are many things that need to be changed upon having a divorce with your spouse. One of the most important things to have changed is actually your Will and last testament. This legal document is responsible for designating your beneficiaries of your estate upon your passing. So if for example you have amassed assets through the years and in preparation of your death you desire to designate exactly who is to receive the assets then what you will do is use a Will to designate such beneficiaries. It is very important that the document actually is written in clear and concise language as to not leave any doubt as to your true intention. However,Changing a Will and Last Testament after a Divorce Articles upon getting a divorce from you spouse it is absolutely key that this Will and last testament actually be changed. The reason for this is the fact that unless you change your Will then you ex-spouse will still be entitled to the assets that you have designated for her to receive in your legal document. So many times divorces actually end on very bad terms and unless you change your Will then you can expect that your spouse will get the assets in your estate. To change your will requires such a legal mechanism as a codicil. This device can be administered by a professional who has the requisite experience in the field of estate planning and Wills in order to accurately and correctly change your Will. The question always comes up as to whether a Maryland Will is really necessary. Many individual have a preconceived notion that a Maryland Last Will and Testament is nothing necessary and one could definitely go through life without one. Well this is partly correct as you per se do not need a last will and testament. However, should you not have a Maryland Will at the time of your death then your family will face some consequences and incur some expenses that you wish that a Will had be en created when you were alive. Essentially the process works like this. Once you pass away and your estate is to be distributed if there is not a Last Will and Testament then there really is no way of telling who is to receive your assets. If there is a Maryland will with clear language that lays out exactly who should receive the assets then the courts will really not need to look at the facts and circumstances of each case. On the other hand they can simple refer to the will which was prepared by a Maryland Attorney in order to determine exactly who should receive the assets. This will help to avoid a lot of costly litigation and legal costs that occurs when there is a dispute about the division of an individual’s estate. Otherwise the heirs of the estate who believe that they are entitled to the assets will have to hire their own probate attorneys in order to recover what they believe belongs to them. This of course carries a lot of litigation costs and attorney costs that could have easily been avoided by utilizing the services of a Maryland Attorney to create your Will.

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