Putting together a comprehensive estate plan can be tough work, especially if you are trying to put it together on your own without any experienced legal help. An estate plan is something you establish to ensure your loved ones are financially protected in the event of your death. An estate plan reflects your most accurate wishes for the distribution of your assets. If your spouse were to be unfaithful, that could change things. A Missouri estate planning lawyer can help.
It’s important to keep in mind that your spouse may only lose certain inheritance rights if you take the proper precautions to have them removed from your estate plan. In Missouri, spouses are automatically removed from your last will and testament if you get divorced. While this legal precaution can be helpful, you may still want to comb through your estate plan with a lawyer to ensure they can’t benefit from your estate elsewhere. A good lawyer can help you make a plan.
Why Hire an Estate Planning Lawyer?
There are many reasons why you should hire an experienced estate planning lawyer, especially if you are suddenly facing the revelation of marital infidelity and a potential subsequent divorce because of your spouse’s choices. You will want someone who can walk you through every step of modifying your plan. At Stange Law Firm, our multi-state legal team can guide you through the estate planning process with a personal, empathetic approach. We know what you’ll need.
According to recent statistical information collected by the U.S. Census Bureau, the median household income for a family of four in Missouri is almost $106,000 as of 2024. Depending on your financial situation, this may be enough to warrant the creation of an estate plan that can preserve wealth for future generations.
You may want to recruit a lawyer to help you establish a power of attorney, put together a trust, or make sure certain people can no longer benefit from your generosity. People tend to put together an estate plan when they start considering their own mortality. Having a plan in place that’s legally enforceable can make it easier for your family to claim your assets and avoid dealing with people seeking to take advantage of your estate.
Talking to your family about the whole situation can be difficult. You may want to consider reaching out to a local grief support group for help, such as GriefShare. They can prepare you for the conversation.
Handling the Fallout of Infidelity in an Estate Plan
If your spouse is included in your estate plan, it’s obvious that you trusted them implicitly. You may have counted on them to see your estate through probate and ensure that it’s properly distributed amongst your designated beneficiaries. If you then find out your spouse was unfaithful, it can completely change your plan. The last thing you may want now is to have them anywhere near your plan. Here are some things you can do to make sure they are removed:
- The very first thing you want to do is contact an estate planning lawyer. If you try to remove your spouse from your estate plan yourself, you could end up making a costly mistake. You could even end up failing to remove them from a vital part of your plan, even though you took them out of the will. Your lawyer can help you make sure your spouse is completely gone from your plan.
- Another thing you may want to do is check to see if your spouse has voluntarily lost their right to inherit due to their own actions. In Missouri, if a spouse chooses to leave the marital home to live with their affair partner or abandons the marital home entirely for at least a year, they may automatically lose the right to inherit anyway. You may want to just go ahead and file for divorce anyway, if only to avoid future litigation on this matter.
FAQs
Q: Do I Need a Lawyer to Update My Estate Plan?
A: No, you do not need to hire a lawyer to update your estate plan. If you know what you’re doing and what you need, then you should feel free to move forward with modifying your plan. However, cutting out a spouse can be difficult work if you aren’t totally sure of what you’re doing. Having an experienced estate planning lawyer by your side can make the situation easier to handle.
Q: Does My Estate Plan Update Automatically After Divorce?
A: No, your estate plan does not update automatically after your divorce. In Missouri, your spouse is automatically removed from your will in the event of a divorce, but that doesn’t mean they are totally removed from the plan. They may still hold power of attorney over your finances, or they may be attached to a living trust. You will want to walk through your plan with a lawyer and remove your former spouse from every element of your plan.
Q: Which Step in the Estate Planning Process Is the Most Important?
A: There is no way to tell which step in the estate planning process is the most important. Everyone’s estate plan is different, and each person who develops a plan may feel a certain part of the process is more important than all the others. In many cases, the last will and testament is generally seen as the most important part of the process. A will explains which assets you want distributed and who the designated beneficiaries are.
Q: Why Is an Estate Plan Important?
A: An estate plan is important because it explains your clear intentions for your estate when you pass away. Without an estate plan, your assets may be distributed in accordance with Missouri’s intestate succession laws. Your assets will be distributed to your closest living relative, which may be your spouse if you haven’t removed them from your plan already. The estate plan ensures your wishes are valued, respected, and fulfilled after you’re gone.
Reach Out Today
At Stange Law Firm, we can help you make sure your estate plan is exactly the way you want it. Contact us to speak to a member of our team about what we can do for you.