Divorce does not automatically cancel your estate plan in Pennsylvania. State law may make certain provisions involving a former spouse ineffective, but your will, trusts, beneficiary designations, powers of attorney, and property records still need individual review. Some changes may occur while a divorce is pending. Others depend on a final decree, federal law, an agreement, or the wording of a document. Gibson & Perkins, PC helps individuals in Media, Pennsylvania, Delaware County, and nearby areas understand these rules and update their estate plans.
Does Divorce Automatically Cancel Your Estate Plan in Pennsylvania?
No. Pennsylvania law generally changes particular estate planning provisions rather than canceling your entire estate plan.
Under 20 Pa.C.S. § 2507(2), certain provisions in a will favoring or relating to a former spouse generally become ineffective after divorce, unless the will indicates that they were intended to survive divorce. Similar results may apply during divorce proceedings when the statutory conditions are met.
Instructions concerning children, other relatives, friends, and charities can remain effective. Alternate beneficiaries may receive property even when that result no longer reflects your wishes.
For example, if your former spouse was your primary beneficiary and your sibling was named as the alternate, the sibling might inherit after divorce. You may instead want those assets distributed to your children or another person.
Key Point: Your divorce decree and estate planning documents serve different purposes. Review both before changing beneficiaries or transferring property.
A Media estate planning attorney can identify which instructions remain effective and which documents need revision.
Professionalism is the Word
I highly Recommend Gibson & Perkins. I have used their services for approximately 6 years now and been through a few cases together with very positive outcomes. Personally, I have used Paul Fellman and Walter Timby on those occasions. Both, as a team & separately these Attorneys were wonderful to work with and easily accessible to reach if I had any questions. Professionalism is the word that comes to mind to describe the firm, as a whole. Always completely prepared for any surprises that may pop up during a trial. They were well versed on all pertinent info pertaining to each case. As I client, I always felt I was an integral part of the team, not an after-thought, that had to be brought up to speed a half hour before the trial started. I could not recommend this firm and Mr. Fellman and Mr. Timby any higher.Very Satisfied
I hired Paul Fellman after speeking to several different lawyers from different law firms because he was the most sincere. Paul did an excellent job on my landlord tenant issue I had on my rental property. He was there for me from the beginning to the end of the whole ordeal. I was very satisfied and I highly recommend him and his firm.
What Happens to Your Will After Divorce?
Your will directs how probate assets are distributed and identifies who can administer your estate. Pennsylvania law generally makes certain provisions involving a former spouse ineffective after divorce, subject to exceptions. Other provisions in your will may remain effective.
Review the following:
- Beneficiaries: Who should inherit your property now?
- Executor: Who should administer your estate?
- Alternate beneficiaries: Who should inherit if your first choice cannot?
- Children: Should assets pass directly to them or through a trust?
- Family circumstances: Does your will reflect your current relationships and wishes?
A newly drafted will can state your current intentions rather than requiring your family to rely on statutory rules governing an older document.
For more background, read The Importance of Having an Estate Plan.
How Does Divorce Affect Trusts?
The effects depend on the type of trust, its terms, and applicable Pennsylvania law.
Revocable trusts: You may be able to change beneficiaries, trustees, and distribution instructions if you retain the legal authority to amend the trust. Under 20 Pa.C.S. § 6111.1, certain revocable provisions taking effect at or after death in favor of a former spouse may become ineffective after divorce or qualifying pending divorce proceedings.
Irrevocable trusts: Changes may be restricted. The trust document, timing, and relevant legal procedures determine whether a beneficiary or trustee can be replaced.
Imagine that you and your spouse established a family trust during marriage. One spouse is trustee, and both are beneficiaries. After divorce, the trust should be examined to determine whether amendments are allowed, whether either former spouse retains rights, and who should serve as successor trustee.
Review which assets are legally owned by the trust, too. The process is discussed in The Legal Process for Transferring Assets to a Trust in Pennsylvania.
What Happens to Life Insurance and Retirement Account Beneficiaries?
Beneficiary designations often determine who receives assets outside your will. They may apply to life insurance, annuities, retirement plans, and payable-on-death or transfer-on-death accounts.
Under 20 Pa.C.S. § 6111.2, qualifying revocable beneficiary designations in favor of a former spouse can become ineffective after divorce or during certain pending divorce proceedings. The statute has exceptions, including circumstances involving a court order, written contract, or designation intended to survive divorce.
Federal law adds another consideration. Employer-sponsored retirement plans governed by the Employee Retirement Income Security Act (ERISA) can be subject to federal plan-document rules. A former spouse may retain certain benefits under those rules or a qualified domestic relations order.
Check the following:
- Life insurance: Primary and contingent beneficiaries
- Employer-sponsored retirement plans: Beneficiary forms and court orders
- Individual retirement accounts: Current beneficiary instructions
- Annuities and investments: Contract-based beneficiary designations
- Bank and brokerage accounts: Payable-on-death and transfer-on-death arrangements
Before requesting changes, check the divorce decree, settlement agreement, applicable court orders, and plan requirements. A finalized divorce does not necessarily authorize every proposed change.
Should You Update Your Power of Attorney After Divorce?
Yes. Review financial and healthcare documents separately because different rules apply.
A financial power of attorney allows an agent to conduct transactions and manage financial matters within the authority granted by the document. Under 20 Pa.C.S. § 5605(c), when you name your spouse as agent and either spouse later files an action in divorce, that designation is revoked when the divorce action is filed, unless the power of attorney indicates that the designation was intended to survive that event.
This rule affects the spouse’s designation as agent. It does not necessarily cancel the entire financial power of attorney.
Healthcare powers of attorney and healthcare representative appointments involve separate Pennsylvania laws. Their terms and statutory requirements should be reviewed rather than assuming that the financial power of attorney rule applies identically.
Consider these questions:
- Primary agent: Whom do you trust to manage finances or make healthcare decisions?
- Successor agent: Who should act if your first choice is unavailable?
- Current wording: Does any appointment remain effective under the document’s terms?
- Updated copies: Which financial institutions or healthcare providers need new documents?
For additional background, see What Will Happen to Your Estate If You Become Incapacitated?.
How Does Divorce Affect Estate Planning for Children?
If you have children, a revised estate plan can describe how inherited assets should be managed, especially when minor children or substantial insurance proceeds are involved.
A will can establish a testamentary trust. You can name a trustee and specify how inheritance funds may be used for education, healthcare, and living expenses. The trust can also set distribution ages and other lawful conditions.
A divorced parent in Delaware County might want a trustee to manage funds until a child reaches a designated age, while allowing distributions for schooling or medical needs beforehand.
Parents should also revisit guardianship nominations. A nomination in a will does not automatically override the legal rights of a surviving parent. A court must consider the applicable law and the child’s circumstances.
If you have children from multiple relationships, review your beneficiaries and instructions to determine whether your intended family arrangements remain clear.
What Happens to Jointly Owned Property After Divorce?
Real estate and jointly owned accounts deserve review because a divorce decree does not necessarily mean every deed, title, mortgage, or financial record has already been updated.
Pennsylvania recognizes different ownership arrangements, including tenancy by the entirety, joint tenancy, and tenancy in common. Divorce can affect the form of ownership between former spouses, but title documents and surrounding circumstances matter.
For example, a divorce decree may award a residence to one spouse while requiring a deed transfer or refinancing at a later date. Until those steps are completed, ownership and debt obligations may remain unresolved.
Review these records:
- Deeds and titles: Confirm the current legal owners.
- Mortgage documents: Confirm who remains obligated on the debt.
- Divorce agreement: Identify required transfers or refinancing.
- Other jointly held assets: Check whether ownership records match the settlement.
Read The Pros and Cons of Joint Tenancy in Pennsylvania for additional information about property co-ownership.
When Should You Update Your Estate Plan?
Review your estate plan when divorce becomes a serious possibility and again after your divorce is final. Court orders and divorce-related legal restrictions may limit changes to property, accounts, and beneficiary designations while a case is pending.
Use this post-divorce estate planning checklist:
- Gather documents: Collect wills, trusts, powers of attorney, insurance forms, retirement plan records, and property documents.
- Review divorce obligations: Examine the decree, settlement agreement, and relevant court orders.
- Choose decision-makers: Identify the people you now prefer as executor, trustee, financial agent, and healthcare agent.
- Confirm permitted changes: Ask an attorney to review which changes can be completed lawfully.
- Complete and distribute updates: Execute appropriate documents and confirm that relevant institutions have received new instructions.
Key Point: Update legal documents and account records together so your estate plan reflects your current wishes.
Frequently Asked Questions About Divorce and Estate Planning
Can My Former Spouse Inherit From Me After Divorce?
Possibly. Pennsylvania law generally makes certain provisions and revocable beneficiary designations favoring a former spouse ineffective after divorce. Exceptions, federal rules, trust terms, and enforceable agreements can affect the result.
Does a Divorce Decree Automatically Revoke My Entire Will?
No. Pennsylvania law generally changes the effect of particular provisions involving a former spouse rather than invalidating the entire will.
Can I Change My Estate Plan While My Divorce Is Pending?
Some changes may be allowed. The governing documents, court orders, and restrictions associated with divorce proceedings determine which actions are permitted. Seek legal guidance before transferring assets or modifying a restricted beneficiary designation.
Do I Need a New Estate Plan If I Do Not Have Children?
You should still review your estate plan. Your documents can identify who inherits your property, who administers your estate, and who makes financial and healthcare decisions if you become incapacitated.
Review Your Estate Plan After Divorce in Media, Pennsylvania
Your estate plan should reflect the people you trust, the assets you own, and the decisions you want respected. Gibson & Perkins, PC assists individuals and families in Media, Pennsylvania, throughout Delaware County, and nearby areas with wills, trusts, beneficiary-related planning, fiduciary appointments, and property ownership concerns.
Contact Gibson & Perkins, PC online to discuss your circumstances and schedule a consultation. The firm can help you determine which estate planning documents need attention after divorce and how to make legally appropriate changes.
This article is provided for informational purposes only and does not constitute legal advice. Consult an attorney regarding your specific situation.
