The last thing anyone wants to talk about when they consult with a family law attorney to begin the divorce process is changing their will or executing their first one. But you should. This important concept is rarely discussed with clients by their lawyers when the client hires them or consults with them. It is a disservice to the client to not address this vitally important issue. If you have a will, it is highly likely that you have left everything to your spouse. If it is your desire to not let your soon-to-be-ex-spouse receive the money and property granted them in your will, you need to update your will. You can re-do a will at any time. Why should you take this step to further protect your portion of the community estate, as well as your separate property (i.e., the property you had prior to marriage or received through inheritance)? Doing so will give you peace of mind in the event something should happen to you. You should also consider executing a medical power of attorney to give someone else the legal right to make medical decisions on your behalf in the event of your medical incapacity rather than the spouse that is divorcing you.

The bottom line is this-if you have decided to divorce, change your will. If you do not have a will, you should have at least a simple will while going through the divorce process or else your soon-to-be-ex-spouse stands to inherit the majority of your estate, whether you like it or not.