Divorce or Remarriage Changes Your Estate Plan. Make Sure It Still Works
Divorce and remarriage change who you need to protect, and your documents may not have caught up. Your will, trust, beneficiary designations, power of attorney, and guardian choices may still reflect a marriage that has ended or a family that has changed. Michigan law fixes some of this automatically after a divorce, but not all of it, and some of the biggest gaps involve retirement accounts. At CF Legal, we help people in Flint and across Genesee County update their estate plans after a divorce or marriage so the right people are protected.
If you're newly divorced and wondering whether your ex is still in your will, or you just remarried and aren't sure how to protect both your spouse and your children, you're not alone. Most people who come to us have one of two concerns: they're afraid an ex-spouse will still receive something they never intended, or they want a blended family protected fairly. Both are legitimate concerns, and both have clear answers.
What Happens to Your Estate Plan After a Divorce in Michigan
Under Michigan law, a divorce automatically revokes gifts to a former spouse, and to the spouse's relatives, in documents you can still change, such as a will, a revocable trust, and many beneficiary designations, unless the document says otherwise. It also generally turns jointly held property into property owned as tenants in common. That helps, but it leaves gaps. Revoked gifts can leave your documents without a plan for who inherits instead, and some assets, including employer retirement plans and group life insurance governed by federal law, may still go to a former spouse.
Why a Review Matters After a Divorce or a Marriage
Two events can make an estate plan out of date overnight.
After a Marriage
A will or trust signed before your wedding may not provide for your new spouse the way you intend, and Michigan law may give a spouse who married after the will some share in certain situations. A new marriage also raises questions about children from a prior relationship, who inherits the home, and who makes financial and medical decisions. A review after the wedding keeps your plan consistent with your family.
After a Divorce
Until the divorce is final, your spouse generally remains your spouse for estate purposes, including as a named beneficiary and heir, so timing matters. After the judgment, state law removes some designations automatically, but federal rules, irrevocable trusts, and accounts governed by plan documents are handled differently. Court orders in a pending divorce can also limit changes, so talk to us before you change anything.
What a Complete Post-Divorce or Post-Marriage Review Includes
Transferring or hiding assets before filing, which can create legal issues.
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Your Will and Trust
We replace provisions that name your former spouse, update who serves as personal representative or trustee, and write a plan for who inherits instead. Michigan's automatic rules remove a former spouse, but they don't decide who takes their place, so a new will or trust fills that gap.
Beneficiary Designations
We help you review every life insurance policy, retirement account, annuity, and payable-on-death or transfer-on-death account. For employer plans governed by federal law, the named beneficiary controls even after a divorce, so a new form must be filed with the plan. We confirm each update is in writing.
Jointly Owned Property and Titles
A divorce generally converts joint ownership into ownership as tenants in common, which changes what happens to the home and other property at death. We review deeds and account titles with you, so ownership matches your plan and nothing passes the wrong way.
Power of Attorney and Patient Advocate
If your former spouse is still named as your agent or patient advocate, you may want someone else making decisions for you. We replace outdated documents, name new agents and backups, and make sure the right people have copies.
Guardians and Trusts for Minor Children
We update your guardian nominations and can set up a trust, so your children's inheritance is managed by someone you trust. We also check your divorce judgment, which sometimes requires you to keep life insurance for a former spouse or children, so your plan honors those obligations.
Blended Families and Second Marriages
A trust can provide for your spouse during life and then pass the remainder to your children, so no one's share depends on a surviving spouse's later choices. We coordinate the plan with any prenuptial agreement and your beneficiary designations, so everything points the same way.
Why Genesee County Families Work With CF Legal
CF Legal has served families in Flint, Grand Blanc, Davison, Fenton, and the surrounding communities for over 30 years. Craig Fiederlein has handled estate planning and probate matters across Genesee County throughout his career, so he knows how outdated documents lead to disputes. We're a multi-attorney firm with offices in Flint and Grand Blanc, and we handle family law and estate planning under one roof. Our phones are answered directly, and we return calls within 24 hours.
Estate Planning Workshops in Grand Blanc
If you'd like to learn more before scheduling a one-on-one consultation, CF Legal hosts monthly estate planning workshops at the Grand Blanc Elks Club. These sessions cover wills, trusts, Medicaid planning, and what happens when someone dies without a plan in place, in plain language and without pressure. Seating is limited.
Local Court Familiarity
Legal outcomes can depend on local processes; working with someone familiar with Will County courts helps avoid unnecessary delays.
Frequently Asked Questions About Estate Planning After Divorce in Michigan
Does divorce cancel my will in Michigan?
Not entirely. A divorce automatically revokes gifts and appointments to your former spouse, and to the spouse's relatives, in a will you can still change, unless the document says otherwise. The rest of your will stays in effect, which may not match your wishes. You still need a new will so your plan says who inherits and who serves as personal representative.Does my ex-spouse still inherit if I don't change my will?
Generally not under the will or a revocable trust, because Michigan law revokes those gifts after a divorce. But some assets don't follow that rule. A former spouse named on an employer retirement plan or group life insurance governed by federal law may still be paid. Beneficiary forms should be updated no matter what your will says.How do I change my beneficiaries after a divorce in Michigan?
Request the beneficiary form from each institution, complete it after the divorce judgment is entered, and file it with the plan or company. Cover life insurance, retirement accounts, annuities, and payable-on-death and transfer-on-death accounts, and keep written confirmation. If your divorce is still pending, check with us first, since court orders may restrict changes.What estate planning documents should I update after getting married?
Review your will or trust, beneficiary designations, power of attorney, patient advocate designation, guardian nominations for minor children, and the titles to your home and accounts. A will signed before the wedding may not provide for your new spouse the way you intend, so a review soon after the marriage can prevent surprises later.How do I do estate planning for a blended family in Michigan?
Many blended families use a trust that provides for the surviving spouse during life and then passes the remainder to children from a prior marriage. That avoids leaving everything to a spouse who later decides who inherits. We also coordinate beneficiary designations, any prenuptial agreement, and who serves as trustee, so every document points the same way.