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How Marriage and Divorce Affect Estate Plans in Indiana  

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How Marriage and Divorce Affect Estate Plans in Indiana  

January 12, 2025

Life is full of changes—some exciting, some challenging. Whether you’re preparing to join your life with someone in marriage or navigating the end of a relationship through divorce, there are countless things to sort through. For newlyweds, there’s the excitement of combining households, possibly purchasing a home, and discussing shared financial goals. For divorcees, there’s the daunting task of dividing assets and adjusting to new realities.  

Amid all this, estate planning might not seem like a priority. However, The Bellinger Law Office is here to tell you it should be at the top of your list. Throughout our 19 years of legal practice, we’ve found that a life change like marriage or divorce has a profound impact on your estate plan. In this post, we will explore how these milestones affect your estate in Indiana and provide guidance on how to protect your wishes and loved ones.  

The Impact of Marriage on Estate Plans

Marriage is a significant life event that can drastically alter the dynamics of your estate. For many newlyweds, spousal inheritance laws automatically come into play, which might impact how your assets are distributed.  

Indiana’s laws of intestacy (when you die without a will) prioritize your spouse among other heirs. This means that, in the absence of a valid estate plan, your partner could receive a significant share of your estate—even more than other family members. Additionally, once married, you may accumulate shared property (e.g., real estate or retirement accounts), which may require adjustments to your current estate planning documents to reflect your joint ownership.  

Estate Planning Considerations for Married Couples in Indiana

When you tie the knot, estate planning needs to cover both short- and long-term scenarios—especially if children or significant shared assets are involved.  

Key Steps for Married Couples Include:  

  • Create or Update Your Will: If you don’t have a will, now is the time to draft one. If you already do, include your spouse and update any outdated provisions.  
  • Establish Joint Wills or Trusts: Joint wills can solidify mutual agreements about asset distribution while living trusts provide smoother transitions of property after death.   
  • Plan for Minor Children: If you plan to have kids, designate guardianship in your will and consider creating trusts to manage their inheritance until they reach adulthood.  
  • Power of Attorney: Assign your spouse power of attorney for financial and healthcare decisions to ensure they can act on your behalf if needed.  

The decisions you make now could save your family from confusion or distress in the future.

The Impact of Divorce on Estate Plans

Divorce, while emotionally challenging, also has legal implications that ripple through almost every aspect of your life—including your estate plan. Most people don’t realize that many provisions in their existing estate documents become null and void after a divorce, particularly those involving a former spouse.  

For example, Indiana law automatically revokes any provisions in favor of your ex-spouse in your will after divorce unless explicitly stated otherwise. Similarly, beneficiary designations for retirement plans and insurance policies may not be updated automatically unless you take action. Without these changes, your assets may go to unintended recipients.  

Estate Planning Considerations for Divorcees in Indiana

Once your divorce is finalized, you’ll need to systematically reassess your estate planning documents to reflect your new reality. Here are steps to get started:  

  • Draft a New Will: Create a will that reflects your current wishes and excludes your ex-spouse entirely.  
  • Establish Custodial Trusts: If you have children, use trusts to manage their financial inheritance responsibly.  
  • Assign New Powers of Attorney: Name someone you trust to act on your behalf for finances or healthcare.  
  • Close Joint Accounts: Fully separate any jointly held assets or accounts.  
  • Consider Life Insurance: Update your life insurance policies to ensure coverage aligns with your new goals—whether for children or other dependents.  

Every choice you make will ensure that your estate mirrors your current priorities and protects your loved ones.  

Other Life Changes and Estate Plans

Marriage and divorce aren’t the only milestones that can shape your estate plan. Life is unpredictable, and periodic reviews of your estate are non-negotiable. For example:  

  • Children: If you welcome new members to your family, include them in guardianship and inheritance plans.  
  • Moving States: Estate laws vary; a move to or from Indiana might require document changes to stay compliant.  
  • Career or Financial Growth: Significant increases in wealth or assets should be reflected in your estate.  

At a minimum, review your estate plan every three to five years—or anytime major changes occur.  

Protect Your Future with The Bellinger Law Office

Whether you’re celebrating the start of a new chapter through marriage or navigating your way forward after a divorce, ensuring your estate plan is up-to-date is critical. An effective estate plan takes the guesswork out of life’s most important transitions, offering peace of mind for you and your loved ones.  

The Bellinger Law Office has decades of experience helping clients make informed estate planning choices in Indiana. Our team works closely with married couples, divorcees, and families to create personalized plans that reflect their unique circumstances. If you’re ready to start or update your estate plan, reach out today for a consultation. Let us make your priorities ours. 

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