The Legal Clean-Up: Did You Remember to Divorce Your Will?
The divorce is final, the papers are signed by a judge, and you’ve officially closed that chapter. You deserve a huge sigh of relief.
But wait—before you completely shut the door on lawyers, there’s one critical moment you need to seize:
your estate plan.
This isn't about scrambling to fix mistakes; this is about intentionally choosing your new team and designing a secure future.
A Minnesota Benefit: Automatic Revocation
Minnesota law provides some helpful automatic protections for you after divorce. In the eyes of the law in Minnesota, once your divorce decree is final, your ex-spouse is automatically revoked from several key roles:
Will & Trust: Any gifts left to your ex-spouse in your Will or revocable Trust are automatically canceled.
Fiduciary Roles: Their appointment as your Executor (Personal Representative) or Trustee is automatically revoked.
Beneficiary Designations: In Minnesota, divorce automatically revokes your ex-spouse as the beneficiary on most accounts, including Retirement Accounts (IRAs, 401(k)s, etc.).
Power of Attorney: The divorce decree also automatically terminates their authority as your Attorney-in-Fact for financial and health matters.
In short: Minnesota law assumes you don’t want your ex in charge, and it acts accordingly.
The Opportunity: Choose Your New Team
While the law takes the ex-spouse out of the picture, it doesn't automatically put your preferred new people in. Now is your opportunity to consciously choose who will be on your team going forward.
Who will be your new Executor? This is the person who will handle the distribution of your estate. Is it a sibling, a trusted friend, or an adult child?
Who will manage money for your kids? You need to name a new Trustee or Custodian to manage any inheritance meant for your minor children. You decide who gets to call the shots on their future funds.
Who makes your medical decisions? You need to execute a new Health Care Directive to name a new agent—the one person you absolutely trust to make life-and-death choices if you can't.
The Action Items: Cross the Finish Line
Even with Minnesota's laws, there are still steps you can take to ensure total peace of mind and avoid confusion for your loved ones:
Re-Designate Beneficiaries (MANDATORY): Although the ex is revoked, the money won't automatically go to the person you want unless you explicitly name them. Log into every retirement and insurance account and name the new primary and secondary beneficiaries.
Execute New Documents: Don't just rely on the revocation of the Power of Attorney; you can sign brand new documents to officially name your new Financial and Healthcare agents.
Update Guardianship: If you have minor children, you can formally name your desired guardian in your new Will. This is one of the most important decisions you'll make.
When the divorce paperwork is complete, it is the perfect time for a complete estate planning reset, too. Don't leave your future (or your hard-earned assets) to default rules. Take the time now to make sure your documents reflect your new life and your current wishes. A quick appointment with an estate planning attorney will give you total peace of mind. Reach out to Miroslavich Law for a complimentary consultation and help with getting your new team in place.
