when can I remake a will and living will in the middle of a divorce?

UPDATED: Sep 30, 2022

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when can I remake a will and living will in the middle of a divorce?

I’m in the middle of a divorce, my soon to be ex will not follow my wishes for my
will. I don’t know what I will get yet but there are certain things I had before my
marriage that I want to go to my family and I want beneficiaries to change, Do I
have to wait till the divorce is final to do this? Also my health is fairly bad so I need
it done as soon as possible what can I do?

Asked on July 4, 2016 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can remake your will and living will whenever you want, whether your are married, divorcing, single, etc. Your marital status has no bearing on your right to make a will or living will, on the executor or health care proxy you pick, or on the contents of those documents. Speak with a trusts and estates attorney right away, if you want to redo these documents as soon as possible.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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