Estate Planning When Divorced

Serving Individuals throughout Houston, Texas and the Surrounding Areas

Whether you are single again through divorce or the death of a spouse, you are facing a new chapter in your life – one that requires a fresh look at your estate plan. The legal protections that came with marriage are gone, and the documents you put in place during your marriage may no longer reflect your wishes, your circumstances, or even the law.

Legal Decision Requirements

When you were married, your spouse likely had certain rights to make decisions on your behalf in the event of incapacity. After a divorce, those rights no longer exist. If you become incapacitated and you have not updated your estate planning documents, no one may have the legal authority to manage your finances, access your accounts, or make medical decisions for you. Your parents, your siblings, your adult children, and your partner all lack that authority unless you have granted it to them in a properly executed power of attorney and medical power of attorney.

Without these documents, someone would need to petition a court for a guardianship – a process that is time-consuming, expensive, and entirely public. Updating your powers of attorney and health care directives after a divorce is one of the most important steps you can take to protect yourself.

The Probate Process

If you pass away without a will after a divorce, your estate will go through probate, and your property will be distributed according to Texas intestacy laws. The probate court will appoint an administrator to manage your estate – and that person may not be someone you would have chosen. The process is public, meaning anyone can access information about your assets and your beneficiaries. It is also slow, often taking months or even years to complete.

Intestacy Laws

Texas intestacy laws determine who inherits your property if you die without a will. For a divorced person with children, your property typically passes to your children. If you do not have children, your property passes to your parents, siblings, or more distant relatives, in that order. If no heir can be found, your property escheats to the State of Texas.

These laws do not account for your personal relationships or your wishes. They do not provide for an unmarried partner, a stepchild from your prior marriage, a close friend, or a charity. If you want control over who inherits your property, you need a will or trust that reflects your current circumstances.

Remarriage Risks

If you are considering remarriage after a divorce, it is critical to update your estate plan before the wedding – and to consider a premarital agreement. Remarriage brings new legal rights for your new spouse that can conflict with your obligations and intentions toward your children from your prior marriage.

A study by the University of California found that approximately 60% of widowers remarry within five years of their spouse’s death, and the pattern is similar for those who are divorced. According to the Census Bureau, nearly half of all marriages are remarriages for at least one partner. The high rate of remarriage underscores the importance of planning ahead.

Premarital Agreement

A premarital agreement (also called a prenuptial agreement) is a contract between two people who are about to marry that establishes each person’s rights and obligations regarding property, debts, and other financial matters in the event of divorce or death. For someone who has been through a divorce, a premarital agreement is not a sign of distrust – it is a sign of wisdom. It protects both parties by establishing clear expectations and preventing disputes.

A premarital agreement can protect the inheritance you intend to leave to your children, clarify the characterization of property as separate or community, establish each spouse’s rights to retirement accounts and other financial assets, and provide for the orderly resolution of financial issues if the marriage does not last.

How We Can Help

At The Stegall Law Firm, we help divorced individuals throughout Houston and the surrounding areas rebuild their estate plans to reflect their new circumstances. We update wills, trusts, powers of attorney, and health care directives. We review and update beneficiary designations on retirement accounts, life insurance policies, and other financial instruments. We draft premarital agreements for those considering remarriage. And we create comprehensive plans that protect you, your children, and your future – whatever it may hold.

Do not let your divorce leave you unprotected. Your estate plan should reflect the life you are living now, not the life you lived before. Contact us today to schedule a consultation and take the first step toward a plan that gives you control and peace of mind.