Now that your divorce is officially behind you, it's time to shift focus and consider how it affects your estate plan here in Arkansas.

Changes to your Will

The divorce decree automatically cancels any parts of your Will mentioning your ex-spouse. So, if your Will says your house goes to your ex, that part is wiped clean without you having to do anything extra. Don't worry, the rest of your Will still stands. But especially if it doesn't mention someone else to inherit or manage things, it is a good idea to update it. See Ark. Code Ann. 28-25-109.

Adjusting Power of Attorney

If your existing Power of Attorney designates your ex-spouse as your Agent, filing for divorce automatically revokes this designation in Arkansas, even before the divorce is finalized. Some Power of Attorney forms may, however, include provisions allowing your ex-spouse to continue as your acting Agent post-divorce, so careful review is necessary. Ensure your estate plan includes successors capable of stepping in during your incapacity. See Ark. Code Ann. 28-68-110.

After the Divorce – What's Next

Once the dust settles, take a close look at your estate plan. Confirm that you've picked alternate people who can step in if needed, both for decision-making and inheriting stuff. If tweaks are needed in your Will or other documents, talk to your lawyer to make sure it's all sorted. And if you've got questions, don't hesitate to reach out — because in estate planning, peace of mind is key.

There's a lot to think about when getting divorced. Who is keeping the house? What about the kids? One thing you may not be thinking about is changing your Will and other legal documents. 

When can you change your Will? Anytime you want. You do not have to notify your spouse that you are doing so. You do not even have to be divorced. As soon as you know you want to change your Will, that's the time to do it. 

Isn't that automatic when I get divorced? Nope. The law is going to assume that you still wanted to leave your spouse part of your estate, if that's what your Will says of course. Whatever the Will says goes.

What else do I need to change when I get divorced? Here is a short list: 

• Healthcare Power of Attorney
• Financial Power of Attorney
• Advanced Directive
• Deeds and Titles
• Life insurance beneficiaries
• Retirement account beneficiaries
• Bank accounts -> payable on death beneficiaries

Leslie Copeland Law handles all aspects of your family and the law, including wills, trusts and estates. If you're getting divorced, or need to change your Will or other legal documents, schedule a consultation to see Leslie today.