Your minor children may, of course, experience the immediate effects of your and your spouse’s separation. This may be due to the custody, support, and property division decisions that arise from your litigated divorce case. But also, in the background of all this, their shares of your estate may be quietly affected. This is not to mention the impact of the guardianship appointments and executor choices you made while you were still happily married to their other parent. With all that being said, please follow along to find out what happens to your children’s inheritances after you get a divorce and how a proficient New York City wills attorney at Zimmet Law Group, P.C., can help you better understand how your existing estate plan might be concerning at this time.
Do my children’s inheritances from my will change after my divorce?
In short, after your divorce, your children’s inheritances from your estate might change, but most likely in a positive way. That is, for the sake of your existing Last Will and Testament document, New York State law may treat your now-former spouse as deceased. This means that any inheritance you left for them in your will is automatically revoked. So, this portion of your estate may then be distributed according to the state’s intestacy laws. Here, if there are children and no spouse, the children will inherit everything in equal shares, in addition to what you have already designated for them.
Does my divorce cancel out my former spouse as the guardian of my children?
In addition to automatically revoking their inheritance, your divorce may withdraw your previous nomination of your now-former spouse as the guardian of your children. However, you must understand that New York State’s family and custody laws may overrule this. That is, estate law or your will’s instructions do not take precedent over a biological or legal parent’s custodial rights. Your surviving former spouse just needs to prove to the family court that they are alive and well, have existing parental rights, and are parentally fit enough to take on the role as guardian (i.e., they are physically, mentally, and financially equipped, with no history of violence, abuse, abandonment, neglect, etc).
Does my divorce make my children the executors of my will document?
Again, your divorce may immediately take away your now-former spouse’s inheritance rights and strip them of their executor appointment within your existing Last Will and Testament document. But this does not necessarily mean this assignment will be transferred to your children in the same way an inheritance would, especially if they are still of minor age. Instead, the New York State Surrogate’s Court will refer to the alternate executor you explicitly named in your will. If this assignment is missing, then the court may choose a qualified relative, interested party, or the county public administrator.
To conclude, please prioritize scheduling an initial consultation with a talented New York City estate planning attorney from Zimmet Law Group, P.C. We would be honored to represent you in your legal case.
