Rogers, Kamm & Shea
Pay Here
Schedule Your Appointment
888.521.9952

Addressing your estate plans after your divorce

During your divorce proceedings in Nashville, you likely had to fight to keep those marital assets that you felt that you were entitled to. Now that your divorce has been finalized, you no longer have to worry about any supposed claim your ex-spouse may have to them, right? Yet what if you have gifted assets and properties to your now ex-spouse in your will, and you forget to amend said will before you die? Many people come to us here Rogers, Kamm & Shea in this exact situation. Like them, you will likely be pleased to know that the law has accounted for yours (or any decedent's) inaction in this scenario. 

Per Section 32-1-202 of Tennessee's state code, a divorce effectively revokes any stipulations in your will regarding your ex-spouse. This includes any awards of assets or property as well as the bestowal of any rights of action towards your estate (e.g., him or her being named a trustee or personal representative). The same holds true with intestate succession guidelines. Any rights of inheritance he or she may have had to inherit your estate if you fail to prepare a will are voided upon the dissolution of your marriage. 

While this answers the concern of your ex-spouse being entitled to your estate should you fail to amend your will, it does not address the question of whether it is wise to disinherit him or her completely. If you have children together, you may want to leave much of your estate to them. Yet if they are not of the age where they could properly manage those assets, it may be wise to name your former spouse as a trustee over them until they reach adulthood. 

More information regarding estate planning following your divorce can be found here on our site. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Nashville Office
2205 State Street
Nashville, TN 37203

Toll Free: 888-521-9952
Phone: 615-320-0600
Fax: 615-320-9933
Nashville Law Office Map

Franklin Office
317 Main Street, Suite 206
Franklin, TN 37064

Toll Free: 888-521-9952
Phone: 615-807-1287
Franklin Law Office Map