Pamela Pacetti cautions her clients: "If you are, or believe your spouse may be, contemplating divorce, you should immediately revoke any power of attorney which gives your spouse control over your assets and health-related decisions and execute new Powers of Attorney that appoint an alternate individual to fill these roles."
You should review your Last Will and Testament and any Powers of Attorney frequently in any event, but particularly following your divorce. If you are like most clients with minor children, you probably do not want your former spouse to be in charge of the inheritance you leave your children until they have reached the age of majority. Your divorce decree will terminate any testamentary provision in your existing Will or under the laws of intestacy for your former spouse, including any appointment as your executor or trustee. You may, however, provide a testamentary gift for your former spouse, or choose to have him or her act as your executor, if your Will is executed after the entry of your final decree of divorce or the date of any separation and/or property settlement agreement that waives these rights and/or interests.
For more information on how we can assist you, contact us to schedule a confidential consultation.
Pamela M. Pacetti
Attorney at Law
3919 Old Lee Highway, Suite 82-C
Fairfax, Virginia 22030
Telephone: 703-591-0056
Facsimile: 703-591-2443
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