The Divorce is Final – Now Update Your Estate Plan
Your divorce decree may be signed, but your estate plan still reflects your life before everything changed. If you don’t take steps to update it, your ex-spouse could still control your assets, make legal decisions for you, or even inherit property you never intended them to receive.
Texas law removes some rights from an ex-spouse after divorce – but only if your documents are clear, current, and legally enforceable. This legal checklist breaks down exactly what to review, revoke, and replace to ensure your estate plan matches your new life.
Replace Your Will and Remove Your Ex
Your will is the foundation of your estate plan, and it needs immediate attention after a divorce. Even though Texas law automatically revokes certain provisions in favor of a former spouse after divorce, this doesn’t fully protect you – especially if your will names them as executor or includes unclear terms.
Why this matters:
- If you don’t create a new will, courts could struggle to interpret your outdated instructions
- Your ex might still be involved in your estate if the document isn’t properly revised
- Minor children or new heirs could be overlooked entirely
Checklist:
- Draft a new will that reflects your current family structure
- Remove your ex-spouse as executor, trustee, or beneficiary
- Reassign property and asset distributions to new beneficiaries
- Update guardianship designations for minor children, if applicable
- Consider creating or revising trusts that were tied to your marriage
| Before Divorce | After Divorce (Updated Will) |
|---|---|
| Spouse named as executor | Trusted family member or professional |
| Spouse inherits all property | Children, relatives, or chosen beneficiaries |
| Joint guardianship nomination | Revised guardian based on new preferences |
A new will gives you legal clarity and peace of mind – and prevents your ex from playing a role you never intended post-divorce.
Update Beneficiaries on All Financial Accounts
One of the most overlooked – and legally risky – estate planning issues after divorce is failing to update beneficiary designations on financial accounts. These designations override your will, meaning your ex could still receive funds even if they’re completely removed from your other estate documents.
Non-probate assets pass directly to the named beneficiary, including:
- Life insurance policies
- Retirement accounts (401(k), IRA, pension)
- Bank accounts with payable-on-death (POD) designations
- Brokerage or investment accounts with transfer-on-death (TOD) instructions
- Annuities or other financial contracts
Texas law does not automatically revoke these designations upon divorce – and if your ex is still listed, financial institutions are legally obligated to honor those instructions.
Steps to take now:
- Contact each financial institution directly
- Request and complete a new beneficiary form
- Name both a primary and contingent beneficiary
- Keep a copy of the updated forms with your estate plan
- Notify your estate planning attorney so your documents stay aligned
| Account Type | Where to Update | Contact |
|---|---|---|
| Life Insurance | Insurance provider | Policyholder services |
| 401(k), IRA, Pension | Plan administrator or custodian | HR or financial advisor |
| Bank Accounts (POD) | Your bank | Branch manager or account rep |
| Investment Accounts (TOD) | Investment firm or platform | Client services or advisor |
Important: Even if your divorce decree addresses asset division, beneficiary designations must still be changed manually. Don’t assume the court order will override your paperwork – financial institutions don’t interpret divorce documents.
Revoke and Redraft Your Powers of Attorney
Your power of attorney (POA) documents grant someone legal authority to act on your behalf – whether it’s managing your finances or making medical decisions if you’re incapacitated. If you haven’t revoked these after divorce, your ex-spouse could still hold that power.
Why it matters:
Even if your relationship ended amicably, leaving your ex in charge of your legal, medical, or financial decisions post-divorce can expose you to unnecessary risk and family conflict.
Key documents to update:
- Durable Financial Power of Attorney: Controls access to your financial accounts, property transactions, and legal matters.
- Medical Power of Attorney: Grants someone authority to make healthcare decisions if you’re unable to speak for yourself.
- HIPAA Authorization: Allows someone to access your private medical records.
Action steps:
- Revoke existing POA documents in writing
- Sign and notarize new POAs with a trusted agent of your choice
- Provide updated copies to your bank, doctor’s office, and family
- Confirm old versions are destroyed or marked revoked
Checklist:
- New financial POA signed and notarized
- New medical POA executed and distributed
- HIPAA release form updated
- Notification sent to all relevant parties
Without a new POA, you risk leaving life-altering decisions in the wrong hands. Updating these documents ensures someone you trust is in charge when it matters most.
Review and Amend Any Existing Trusts
If you created a trust during your marriage – especially a revocable living trust – there’s a strong chance your ex-spouse is still involved in some capacity. Whether they’re named as trustee, co-grantor, or beneficiary, their continued role in your estate may no longer reflect your intentions or comply with your divorce decree.
Types of trusts to review:
- Revocable Living Trusts: These can and should be amended or revoked after divorce.
- Joint Trusts: Common in marriage, but often need to be split or dissolved post-divorce.
- Irrevocable Trusts: More complex, but still worth reviewing for legal consistency and compliance.
What to look for:
- Is your ex-spouse still listed as a trustee or successor trustee?
- Are they still named as a beneficiary?
- Do the trust terms reflect assets or obligations tied to the marriage?
- Does the trust conflict with the property division in your divorce decree?
Steps to take:
- Review all trust documents with your estate planning attorney
- Remove or replace your ex-spouse as trustee or beneficiary where appropriate
- Amend distributions to reflect your updated estate goals
- If needed, dissolve the trust and establish a new individual trust
- Coordinate trust revisions with any support or insurance obligations set in your decree
Example Scenario:
You and your spouse created a joint revocable trust during marriage. Post-divorce, you’re awarded certain trust assets. If you don’t formally amend or dissolve the trust, your ex may retain control or benefit from assets now legally assigned to you.
Trusts are powerful estate planning tools – but only when they reflect your current wishes and legal reality.
Adjust Guardianship Designations for Minor Children
If you have children, your estate plan likely includes a guardianship clause – a nomination of who should care for your children if both parents pass away. After divorce, your original choice of guardian may no longer make sense, especially if your ex-spouse’s relatives were part of that plan.
Why this update matters:
- Courts give strong preference to the surviving parent – in this case, likely your ex – but you can still name a backup guardian in case both parents are unavailable.
- If you don’t update this nomination, an outdated or unwanted guardian could be appointed.
- Clear documentation helps the court honor your wishes and avoid family conflict during an already difficult time.
Example Scenario:
Your estate plan from years ago names your ex-spouse’s sister as guardian if both you and your spouse pass. Post-divorce, you’re no longer close to her – but unless you update your documents, that nomination may still stand.
Steps to take:
- Review all guardianship nominations in your will or trust
- Choose a trusted individual or couple who aligns with your current parenting values
- Have a conversation with them about the responsibility
- Legally update the nomination in your will or estate planning documents
Checklist:
- Reassess guardian nominations after divorce
- Choose a new backup guardian
- Update the nomination clause in your will
- Notify the person(s) you’re naming
This update is one of the most personal – and important – decisions you can make for your children’s future.
Align Your Estate Plan with the Divorce Decree
Once your divorce is final, your estate plan must not only reflect your new life – it must also comply with the terms of your divorce decree. Failing to align the two can lead to legal conflicts, unintended violations, or court intervention later.
Why this step is critical:
- Divorce decrees often require one or both parties to maintain life insurance for child support or alimony
- Some agreements involve trusts to hold assets for children or distribute property
- You may be required to retain your ex as a beneficiary or trustee in specific circumstances
Common conflict points:
- Life insurance beneficiary not updated to comply with court order
- Trust terms contradicting the divorce decree’s property division
- Estate plan unintentionally favoring an ex-spouse due to lack of revision
- Failing to preserve required financial support for children or dependents
Steps to ensure alignment:
- Review the divorce decree line by line with your estate planning attorney
- Note any ongoing obligations that affect your estate documents
- Verify that all insurance, trust, and property arrangements meet legal requirements
- Retitle jointly owned property to match court-ordered division
- Update your financial and estate documents accordingly
Quick Tip: Courts enforce divorce decrees strictly. If your estate plan contradicts your legal obligations, it can be contested – and your intended beneficiaries may suffer the consequences.
Estate planning isn’t just about removing your ex – it’s about staying legally compliant while protecting your family’s future.
Final Post-Divorce Estate Planning Checklist
Divorce is a major life event – and your estate plan needs to reflect that shift in full. Use this final checklist to ensure your documents are complete, current, and legally sound.
Essential updates to complete after divorce:
✅ Draft and sign a new will
✅ Remove your ex-spouse as executor, trustee, and beneficiary
✅ Update guardianship nominations for minor children
✅ Revoke and replace all powers of attorney and medical directives
✅ Change beneficiary designations on all financial accounts (401(k), life insurance, POD/TOD accounts)
✅ Review and amend or dissolve any joint trusts
✅ Verify that your estate plan aligns with your divorce decree
✅ Retitle property and bank accounts if required by the settlement
✅ Share updated documents with your legal and financial contacts
Pro Tip: Keep a secure, organized estate plan folder with all updated documents, along with a list of contact information for your executor, beneficiaries, and key advisors.
Finalizing your estate plan after divorce isn’t just paperwork – it’s the final step in reclaiming control over your future and protecting the people you care about most.
FAQs About Estate Planning After Divorce in Texas
Do I need to update my estate plan if my divorce is already finalized?
Yes. Finalizing your divorce does not automatically update your estate plan. You must take action to change your will, revoke powers of attorney, update beneficiary designations, and review any trusts to reflect your new legal and financial situation.
Is my ex-spouse automatically removed from my will or trust after divorce?
Texas law generally voids gifts and appointments made to an ex-spouse in a will or trust after divorce – but this can cause gaps or confusion in your documents. The best practice is to create an entirely new will or amend your trust to avoid legal ambiguity.
What happens if I forget to change my life insurance or retirement account beneficiaries?
Beneficiary designations on accounts like 401(k)s or life insurance policies override your will. If your ex is still listed, they could legally receive those funds unless you manually update the forms with each financial institution.
Can I keep my ex-spouse as guardian or trustee if I want to?
Yes, but you should make that choice intentionally and ensure it’s clearly reflected in your updated documents. In some cases, a divorce decree may require keeping your ex involved in specific roles, such as trustee or beneficiary for your children’s support.
Do I need both a divorce attorney and an estate planning attorney?
Ideally, yes. Your divorce attorney helps you settle property and custody matters, while your estate planning attorney ensures your post-divorce legal documents are accurate, enforceable, and reflect your new circumstances.
Need to Finalize Your Estate Plan After Divorce?
At Brandi Wolfe Law, we help individuals across Texas update their estate plans with confidence after divorce. Whether you need to revise your will, update powers of attorney, or align your estate documents with your divorce decree, we’ll guide you through every step with clarity and care.
Don’t let outdated documents put your legacy or loved ones at risk. Call (210) 571-0400 today to schedule your personalized estate planning consultation.