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Divorcing? Don't Forget to Get Your Estate in Order!


Divorce is sad, unpleasant and often lonely. It’s an extremely difficult time emotionally. I work with divorcing couples all the time who share their confusion, frustration and unhappiness with me. Divorcing is a big struggle. It’s actually overwhelming at times.

When divorcing there is a lot to do, and many important decisions to make. These days, with many of us dealing with unpredictable medical issues, whether you are divorcing or not, it’s time to get your estate in order.

When divorcing, it is particularly important to take care of the following:


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!


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 medical care. If you don’t have one, you should consider having one drafted. If it is a durable power of attorney, it gives your spouse access to all of your accounts and assets now while you are competent. If you are divorcing, and it’s not amicable, this should concern you. I often suggest clients revoke that power of attorney and 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.

If you are divorcing you should update or execute a new will. You 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.

As a divorce attorney and mediator for over 35 years, I have helped many spouses successfully through their divorce and with preparation for their new life that lies ahead.

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

All our FREE 1 HOUR CONSULTATIONS are very informative and conveniently conducted virtually to reduce risk!

I look forward to helping you with your next steps!

Stay healthy and safe!

Warm regards,


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