Family Law Estate Planning & Guardianship

The impact of familial relationships on an estate plan cannot be denied, requiring that you regularly examine and modify your estate plan every three to five years. This periodic review of your plan enables you to make revisions that best suit your needs, rather than being driven by a pressure-filled situation. If you have recently experienced a significant life change, our California family law attorneys are here to support you as you embark on your new journey.

Life Changes Require Revision of Your Estate Plan

Most spouses appoint their significant other in a fiduciary role, some of which include executor of a will, trustee of a trust, healthcare agent on a healthcare proxy, or attorney-in-fact on a power of attorney. If you are considering getting divorced or have already begun the process, you may want to reconsider the position of responsibility you have given to your spouse. Life changes require that we reexamine the authority we once granted others to make the best decision with the information we have now.

In addition to revising your estate plan, you will want to review who you have named as a beneficiary on your life insurance policy and retirement vehicles, such as an IRA, 401(k), or pension. Be mindful that in some cases, you may only be able to designate a different beneficiary once your divorce is finalized.

Appointing a Legal Guardian

Nominating a guardian of your minor children as part of your estate plan is essential if you pass away or are incapacitated before your children turn 18. You are allowed to designate a person to be the guardian of your child’s estate, who will manage your child’s financial and medical affairs, as well as a person who will take care of your child's daily needs. If you fail to nominate a guardian as part of your estate plan, you leave the decision to the court’s discretion.

Helping You Navigate the Ebb and Flow of Life

Following a divorce, remarriage, or the birth of your child, your first thought may not be to create or update an estate plan. At the same time, the concern may seem arbitrary. Failing to have an estate plan in place can result in a legal emergency. For instance, failing to execute the power of attorney could result in your family having to go to court to obtain a conservatorship. This is costly, time-consuming, and stressful; all things that your loved ones do not need during an already devastating time.

Contact Our Family Law Attorneys Today

Although most of us think of estate planning as bequeathing assets to loved ones when we have passed away, an estate plan is not a static concept. At Bamieh & De Smeth, PLC, we are committed to empowering individuals by providing them with valuable information to make informed decisions. If you have recently been divorced, gotten married, are blending families, or have had a child, our California family law attorneys would like to hear from you. To learn how we can assist you, please contact us online or by phone to schedule your complimentary case evaluation.