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When Divorcing - 3 Tips for Getting Your Estate in Order


Divorce is unpleasant. It’s an extremely difficult time emotionally. I work with divorcing couples all the time who share their sadness, confusion, anxiety and unhappiness with me. It’s a big struggle.

When divorcing there is a lot to do, and there are many important decisions to make. Today, with all of us dealing with a scary medical crisis surrounding COVID -19, whether you are divorcing or not, it’s time to get your estate in order.

With everything that’s going on in our medically unpredictable world it’s important to take care of it now!


Do you have one? If you don’t, you need one. You should designate who will make important medical decisions for you if you are unable to do so. If you are divorcing and already have a healthcare proxy, you may need to update it. After all, you probably don’t want your angry spouse making medical decisions for you, do you?


A Power of Attorney (POA) is a legal document giving one person (the agent or attorney-in-fact) the power to act for another person (the principal). The agent can have broad legal authority or limited authority to make legal decisions about the principal's property, finances or other matters. If you don’t have a POA, you should consider having one drafted. If you are divorcing you and your spouse may have executed powers of attorney. If it is a durable power of attorney, it gives your spouse access to all of your accounts and assets now, whether you are competent or not. If you are divorcing, and it’s not amicable, this should concern you. I often suggest clients revoke that power of attorney and prepare a new one to designate someone else.



Do you have a will? If not, you should have one drafted. A will sometimes called a “last will and testament,” is a document that states your final wishes. A will can be used to leave instructions about what should happen to your property after you die, and who should carry out your instructions (your executor).

If you are divorcing, you should update or execute a new will. You probably don’t want your current spouse in charge of your estate. I guide clients all the time about the importance of having a will and the need to update or make a new one if a divorce takes place.

If you have questions or need help making a new will call me.Now is the time to draft a will if you don’t have one.If you are thinking about divorce and have questions about your healthcare proxy, power of attorney, or will, call me.

I am available right now to answer your questions.

During the ongoing COVID-19 Pandemic all our FREE CONSULTATIONS are conveniently conducted virtually by telephone or TeleDivorce by Zoom or Skype to reduce risk and maintain safety for everyone!

I look forward to hearing from you!

Stay Home, Stay Healthy & Stay Safety!

Warm regards,


Call New York Divorce Attorney, Lois Brenner now to book your free consultation. 212.734.1551