On behalf of Stange Law Firm, PC posted in divorce on Friday, July 27, 2018.
After your divorce in Jackson County becomes final, you may feel a certain sense of finality. That feeling, however, may be fleeting, as you quickly realize just how much your now ex-spouse was involved in the many different facets of your life. Thus begins the process of removing him or her from the many pertinent personal records he or she might still be found on. Many clients come to us here at the Stange Law Firm asking for assistance in doing this, and one of the documents we remind them to revisit is their wills. The reason for this reminder is that many may often forget to do it.
If you have created a will in which you now ex-spouse was named as a beneficiary, what happens if you never get around to amending it? Section 461.051 of the Revised Statutes of Missouri states that the moment your divorce is finalized, any provisions naming him or her as a beneficiary are automatically revoked. This law does not apply, however, if you stipulated in the document that said provisions were irrevocable. It is for this reason that you are encouraged to review your will after your divorce even with the aforementioned law in place.
When you are doing this review, carefully consider the implications of completely removing your ex-spouse from it. Certain circumstances (such as you having minor children not yet capable of managing their own assets) may prompt you to continue to include him or her in it if he or she needs to serve as a trustee to manage assets or property for your children or other beneficiaries. More information on what to do following your divorce can be found here on our site.