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How to Create an Estate Plan for Divorce

Tips for Creating an Estate Plan After Divorce

Whether or not you own a lot of property after getting a divorce on Long Island , you should take the time to go over your estate plan, last will and testament, and most importantly, if property isn’t an issue, your powers of attorney or advance directives. Here are some tips for creating or amending your estate plan after getting a divorce and how Hornberger Verbitsky, P.C. can help you navigate your divorce in New York.

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If You Have a Will, Revoke It; If You Don’t, Make One

After your divorce, your spouse will automatically no longer have the right to elective shares of your estate. This is true whether or not you have a last will and testament in place. If you have a will, now is the time to revoke it. You should even consider tearing it up, shredding it, or otherwise destroying the physical document.

Then, work with an estate planning lawyer to draft an updated will. If you don’t have a will at the time of your divorce, you should make one. You have the opportunity now to be very clear about what you want to happen to your property after your death or how you would want to be cared for in the event of an illness or injury that leaves you incapacitated.

Your will allows you to make legally binding decisions about:

Who Gets Which Assets Instead Of Your Spouse

Since you will not need to leave any inheritance to your spouse, you will need to decide who gets your assets instead. This may or may not be an easy choice to make. For example, if you were married for a very long time and have no children to support, you may struggle to figure out who to give your money, furniture, and other valuables to when you pass away. Or, you may know exactly who you want to get which assets. Either way, it’s important that your will reflect how you want your property distributed post-divorce.

Who Makes Financial & Medical Decisions If You Can’t

While married, your spouse is generally asked to make medical or financial decisions for you if you become incapacitated by an injury or illness. Now that you’re no longer married, you will need someone to whom you will hand over this responsibility. However, because you aren’t married to them, you require special legal documentation that the person you choose has your authority to make these decisions for you. You may want to have a different person for each. For example, you may ask one person to become your medical power of attorney and another person to become your financial power of attorney.

Who Will Care For Your Children If Your Spouse Also Dies

If you have minor children, you will want to put in your will who will care for them if both you and your spouse die. If you neglect to do this, there’s a chance that your spouse could die and then you could also pass, or vice versa, and the state of New York must choose someone in your family to take custody of your children or the state may take custody themselves. Although extremely unlikely, this is a less-than-ideal situation that you can avoid entirely by just naming who you want to act as a guardian of your children in your will.

Who Will Execute Your Will If & When You Die

You’ll also need to name someone who will execute your will when you pass away. Most often, this is an estate planning attorney whom you have hired for the purpose. However, you can name a family member or friend if you feel they will be able to properly execute your estate.

For more information about Estate Planning During and After Your Divorce click here.

Divorcing? Contact the Veteran Long Island Divorce Lawyers At Hornberger Verbitsky, P.C.

If you’re getting a divorce, it’s important that you explore all of your legal options with a competent and experienced divorce lawyer on Long Island. Going through the process of dissolving your marriage without adequate legal help could leave you at an extreme disadvantage, even long after the divorce has been finalized. At Hornberger Verbitsky, P.C., we’ve helped families like yours navigate the challenges presented by separation and divorce. We’re well equipped to provide you with comprehensive, compassionate legal representation during this time. Call us now for your free initial consultation by dialing 631-923-1910 or fill in the short form on this page.

 

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At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

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Divorce Lawyer Long Island New York
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clifaud archange
clifaud archange
02:21 01 Apr 22
Mejor lugar de atendimento
Elizabeth Martin
Elizabeth Martin
21:06 25 Jan 22
The team at Hornberger Verbitsky made me feel at ease after I retained them after a 3 year contested divorce process. I like their approach with how they educate you on ways to get the best outcome in your divorce. Mr. Hornberger made me feel heard and was compassionate to my case while also being aggressive in the courtroom to help me get the most positive outcome. He prevented my case from having to go to trial and he closed the deal in my long drawn out emotional divorce. I was happy that I retained him and would recommend him to anyone that is going through a high conflict divorce.
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Elizabeth Martin
Elizabeth Martin
21:06 25 Jan 22
The team at Hornberger Verbitsky made me feel at ease after I retained them after a 3 year contested divorce process. I... like their approach with how they educate you on ways to get the best outcome in your divorce. Mr. Hornberger made me feel heard and was compassionate to my case while also being aggressive in the courtroom to help me get the most positive outcome. He prevented my case from having to go to trial and he closed the deal in my long drawn out emotional divorce. I was happy that I retained him and would recommend him to anyone that is going through a high conflict divorce.read more
rrezarta lekaj
rrezarta lekaj
20:47 24 Nov 21
Christine is truly the best there is. She is beyond professional, personable, genuine, extremely trusting, and has made... such a stressful and emotional time for my family and I easier to get through. Thank you so much from the bottom of my heart for your guidance, your support, and being there every step of the way. I would highly recommend Hornberger Verbitsky, P.C. to anyone that is in need for legal advice - you will be in the best hands.read more
Janine Martello D'onofrio
Janine Martello D'onofrio
21:00 02 Oct 21
Rob and Christine are the very best out there!I can not say enough about them. They both have helped me so much in... different matters throughout the last several years . They have gone over and beyond!I highly recommend this law firm !read more
Tara Tocci
Tara Tocci
20:59 17 Sep 21
I called to make an appointment for a consultation to discuss a mediated divorce, the office was fantastic with getting... me a prompt appointment. When going in all my questions were asked and I left feeling comfortable in my decision to move forward in using the Hornberger/Verbitsky office. Despite a pandemic going on the office still worked diligently to get my papers filed and my divorce complete in a timely manner. Highly recommend!read more
cristina romero
cristina romero
20:17 17 Sep 21
Hornberger Verbitsky, P.C were phenomenal in every way. Robert was very genuine, patient and professional. Walking in,... I had no idea what to expect but he went above and beyond to explain the entire process thoroughly. He guided and informed me of my rights. Patty was amazing, she answered every question I had no matter how many times I called, she was very understanding. I highly recommend Hornberger Verbitsky, P.C. Even if its just for questions on how to navigate this process.read more
Kerri
Kerri
16:57 17 Sep 21
Rob and his team are by far one of the greatest! Patty is amazing and will make sure all of your questions are... addressed and responded to. Rob and his team made a very tough time in my life as simple as possible. Rob is extremely knowledgeable and very empathetic. Patty was a pleasure to work with and I would recommend this firm to anyone that needs a great divorce attorney. Thank you for all of your help!read more
Angela Thearle
Angela Thearle
00:21 07 Aug 21
Hornberger law was the best choice I made when I needed to go to family court with my ex for custody of my children.... They were there at any time when I neeeded them. Going through a custody battle can be a huge emotional rollercoaster and very painful. They helped me through it and made it less painful and heartbreaking. And I got the outcome plus more than I expectedread more
Tammy Granville
Tammy Granville
11:49 04 Jul 21
Everyone was very professional. Never had to call to get an update on my case. Someone always updated me on a regular... basis.read more
LilMissPerfct Dessie
LilMissPerfct Dessie
06:46 11 Feb 21
I am a graduate of Norland English nanny college. I thank God every day that Mr. Robert Hornberger protected my clients... in the legal ways i could not. Children are a blessing not a blender to be fought over during some silly spat!read more
Anastasia R
Anastasia R
22:45 17 Dec 20
I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with... Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.read more
A Google User
A Google User
15:42 16 Sep 20
I hired Robert to handle a child custody and child support matter. He was prompt and professional and was able to... achieve a result that 3 prior attorneys could not. He and his staff made a stressful situation easy. I highly recommend his office.read more
Ann Masten
Ann Masten
17:48 12 May 20
I am a paralegal in an unrelated field of law. I phoned Hornberger Verbitsky, P.C. today intending to refer a client... to their office. Instead (and despite that we are the midst of the present crisis), Mr. Hornberger himself graciously accommodated my questions over the telephone, and was generous with his time and adroit in his response, saving our client a small fortune in unnecessary legal fees. I have not had any similar experience, in which counsel was so generous with his expertise, in 22+ years of interacting with prominent, local attorneys, and the client is overjoyed. Based on this experience, I would now whole -heartedly recommend this firm as trusted professionals to any client requiring a firm expert in family law and related legal issues.read more
Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when... you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.read more
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working... with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.read more
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my... consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!read more
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly
Ashley Hubner
Ashley Hubner
20:30 14 Feb 20
Navigating my divorce was a challenging experience to say the least, but I was supported and guided every step of the... way by my attorney, Robert. With the daunting task of hiring a divorce lawyer, I knew I would need someone with the right combination of knowledge, compassion and integrity. Robert has a strong background in family law, sincere character and direct communication to be superior to the others. He and his staff were professional and caring. I always felt I was in good hands. I highly recommend the Law Offices Hornberger and Verbitsky for the legal expertise, compassion and understanding of the many complex facets associated with divorce.read more
Thomas Livingston
Thomas Livingston
21:31 26 Jan 20
Robert and Christine are the epitome of professionalism. They helped us with the purchase of our new home. They were... efficient, dedicated, and focused on making our closing as seamless as possible.read more
Sheila Vasata
Sheila Vasata
23:35 14 Jan 20
Robert Hornberger has been a friend of mine and my family for years. He has helped us all in ways that are too... numerable to mention. I went through a divorce that I don’t think I could’ve done if I didn’t have Robert by my side. He is vivacious, motivated, knowledgeable, and has an extreme desire to succeed and excel...and he does! He goes over and above for all of his clientele. I would recommend his law firm to anybody who is looking for a Great Lawyer with integrity!read more
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