Q & A with Portland, Oregon Estate Lawyer: Updating Estate Plan after Divorce

Reader Question:

My ex-husband is named as the executor in my will. Do I need to change this after our divorce?

Answer:

Yes, it's highly recommended to update your will after a divorce, especially when it comes to the Personal Representative (executor) role. Although there are some state laws in Oregon that protect your estate from going to an ex-spouse, that may not ultimately matter if the beneficiaries are the children of your ex-spouse. Your ex-spouse could ultimately end up in charge of any funds you leave behind for your children, and that ex-spouse may no longer be the best person to handle those funds.

Choosing a new Personal Representative is an important step in protecting your assets and ensuring your final wishes are carried out smoothly. Consider a trusted family member, friend, or professional who is willing and capable of managing your estate—someone who you can trust to make the decisions you would want them to make.

Besides updating your will, review other estate planning documents like powers of attorney and beneficiary designations on financial accounts. Ensure they align with your current wishes and don't include your ex-spouse. We see people suffer the consequences of failing to update their beneficiary designations every day in our line of work.

If you're unsure where to start, contact our office at (503) 235-5150. We can guide you through the process of updating your documents and making informed decisions about your estate after a divorce.

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If you want to get started on your estate plan, read about our estate planning services and schedule an appointment.

To your family's health + happiness.

~Candice N. Aiston