Legal Question in Wills and Trusts in Missouri

Re: Creating a Will in A Divorce

The period during which divorceproceedings occur are always indistinctfor estate planning., So long as you are married, no matter what you write in your will, your spouse has a right to elect against the will and obtain a substantial portion of your property. Moreover, to the extent that you holdassets in joint tenancy, those assets shall pass to your spouse because of the survivorship as pect of joint tenancy. Spouses are also proetected regarding qualified retirement benefits in similar fashion.

I would write a very simple will excluding my spouse; but as soon as the divorce is entered I would write a more extensive estate plan utilizing a Living Trust.

Re: Creating a Will in A Divorce

I always advise my divorce clients to consider redoing his or her Will at the time of the divorce. If you die during the divorce proceedings, the spouse you are divorcing whill own everything held in joint names or as tenants by the entirities. the spouse will also stand to inherit through your existing Will or against the will. Certainly this is not the result you would prefer. If you make a new Will, you can leave your estate to your children or to anyone you choose, I would strongly suggest that you consult personally with an attorney as soon as possible. Good luck.