Estate Planning & Divorce: Powers of Attorney:
(Provided by: Stephen D. Dunegan, Esq.)
Married individuals who are considering divorce should review their estate plans to determine if they remain appropriate in light of the possible divorce. Remember that the law considers you to be legally married until the judge signs the final dissolution decree ending the marriage.
If you have previously done estate planning, you have probably given your spouse a Durable Power of Attorney to handle your affairs. In the divorce context, Durable Powers of Attorney are loaded guns. There have been numerous instances where estranged spouses have used such Durable Powers of Attorney to transfer their spouse's assets to them, take out loans in the name of their spouse, etc. If you have given your spouse a durable power of attorney, you should consider revoking it immediately so that it cannot be used in an unintended fashion. Check with a qualified estate planning attorney to make sure you follow your state s rules for revoking a power of attorney. In most states, banks and other third parties can rely upon a power of attorney unless they have notice that it has been revoked. If you are concerned that your spouse may attempt to use the power of attorney without your permission, you should consider notifying all your financial institutions that the power of attorney has been revoked. It is often a good idea to record the revocation in the public records.Go to: Estate Planning & Divorce Informational Section
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