Generally a divorced ex-spouse does not inherit via the Will of a deceased ex-spouse nor under intestacy laws. Any mention of a surviving spouse in a Will which was signed before the date of the divorce is treated as though the surviving ex-spouse had died first. This has the effect of cutting out the surviving ex-spouse. A divorced spouse appointed as an Executor by a Will dated before the divorce is legally not allowed to act as Executor. If a Will was signed after the date of the divorce, any provision for an ex-spouse is valid including the appointment of the former spouse as an Executor.
Divorce has no effect on an existing Power of Attorney document in which you appointed a former spouse as your substitute decision-maker. You must revoke the existing Power of Attorney in writing or sign new documents which appoint someone else (and, at the same time, revoke the previous documents) if you do not wish a former spouse to act under an existing Power of Attorney. It is also necessary to notify any institutions, financial planners, and other professionals that you have revoked or signed a new Power of Attorney document.
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Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.
