Whether you're getting married, separated, divorced or having a
child, the change in your personal status will have significant
impact on how your estate would be settled in the event of your
death.
Estate planning can be very complicated and it is not something
we recommend be ignored or done by lay people or software designers.
"Do-It-Yourself" will packages are intended to be
"one-size-fits-all". Your situation is unique. You owe
it to your family and friends to make sure this is done right.
If you are getting married, we recommend that
you talk with an attorney experienced in the drafting of wills and
trusts and consider the possibility of a
prenuptial agreement.
If you are getting divorced or separated, your
marital status is about to change significantly and it is important
that you talk about your situation with an experienced attorney
knowledgeable about the impact of that change on you need to update
your will, any trusts you might have and to review your estate
planning options.
During or after a divorce, you might want to
consider if you want your spouse to have:
- Powers of attorney (which can give him/her
the right to access, sell or dispose of your personal and
financial assets), which should be discussed with your attorney
and will probably need to be rescinded by you during the divorce
process
- The power to make healthcare decisions for you if you are
incapacitated (a healthcare directive)
- The right to inherit from your estate in
the event of your death (Kentucky law grants specific minimal
rights to legal spouses but that person is not automatically
entitled to the bulk of your estate simply by virtue of your
marriage)
- The right to take from your estate in the event of your
death (your divorce settlement agreement should
limit your exposure in this situation)
- A power of attorney for business purposes,
especially if you have a family-owned business;
these instruments should be promptly reviewed by your attorney
and may need to be rescinded
If you are having a child (with the marriage or
otherwise), you need to talk to an experienced attorney about
creating estate planning documents to protect the interests of that
child in the event of your death.
See also our section on
Living Wills &
Healthcare Directives.