---
title: Is Your Estate Plan Up to Date Following a Divorce?
description: Bellevue CPA details how to update your estate plan after a divorce.
image: https://blog.sweeneyconrad.com/hubfs/Estate%20Plan%202.png
---
[](https://www.sweeneyconrad.com/preview/)
- [What We Do](https://www.sweeneyconrad.com/what-we-do)
- [Tax Services](https://www.sweeneyconrad.com/what-we-do/tax-services)
- [Client Accounting Services](https://www.sweeneyconrad.com/what-we-do/client-accounting-services)
- [Advisory Services](https://www.sweeneyconrad.com/what-we-do/advisory-services)
- [How We Do It](https://www.sweeneyconrad.com/how-we-do-it)
- [Our Process](https://www.sweeneyconrad.com/how-we-do-it/our-process)
- [Industries we serve](https://www.sweeneyconrad.com/how-we-do-it/industries)
- [Culture & Community](https://www.sweeneyconrad.com/how-we-do-it/culture-community)
- [Giving Back](https://www.sweeneyconrad.com/how-we-do-it/giving-back)
- [Partnership Network](https://www.sweeneyconrad.com/how-we-do-it/partnership)
- [Who We Are](https://www.sweeneyconrad.com/who-we-are)
- [Our People](https://www.sweeneyconrad.com/who-we-are/our-team)
- [Mission & Values](https://www.sweeneyconrad.com/who-we-are/mission-values)
- [Our Passion](https://www.sweeneyconrad.com/who-we-are/our-passion)
- [40+ Year History](https://www.sweeneyconrad.com/who-we-are/history)
- [Careers](https://www.sweeneyconrad.com/careers)
- [Benefits & Perks](https://www.sweeneyconrad.com/careers/benefits-perks)
- [Experienced Professionals](https://www.sweeneyconrad.com/careers/experienced-professionals)
- [SC Young Professionals](https://www.sweeneyconrad.com/careers/sc-young-professionals)
- [SC Summer Summit](https://www.sweeneyconrad.com/careers/summer-summit)
- [Job Opportunities](https://www.sweeneyconrad.com/careers/job-opportunities)
- [Get in Touch](https://www.sweeneyconrad.com/get-in-touch)
- [Contact Us](https://www.sweeneyconrad.com/get-in-touch/contact-us/)
- [Pay Online](https://www.quickfee.com/qsop?company=quickfeeus&creditor=SWEENEY)
- [Client Login](https://sweeneyconrad.sharefile.com/)
- [Our Insights](https://blog.sweeneyconrad.com/)
- [Newsletter](https://share.hsforms.com/189SwWa83QWmQ98wj4A6liQ2bure)
[](https://www.sweeneyconrad.com/preview/)
[](https://www.sweeneyconrad.com/preview/)
- [What We Do](https://www.sweeneyconrad.com/what-we-do)
- [Tax Services](https://www.sweeneyconrad.com/what-we-do/tax-services)
- [Client Accounting Services](https://www.sweeneyconrad.com/what-we-do/client-accounting-services)
- [Advisory Services](https://www.sweeneyconrad.com/what-we-do/advisory-services)
- [How We Do It](https://www.sweeneyconrad.com/how-we-do-it)
- [Our Process](https://www.sweeneyconrad.com/how-we-do-it/our-process)
- [Industries we serve](https://www.sweeneyconrad.com/how-we-do-it/industries)
- [Culture & Community](https://www.sweeneyconrad.com/how-we-do-it/culture-community)
- [Giving Back](https://www.sweeneyconrad.com/how-we-do-it/giving-back)
- [Partnership Network](https://www.sweeneyconrad.com/how-we-do-it/partnership)
- [Who We Are](https://www.sweeneyconrad.com/who-we-are)
- [Our People](https://www.sweeneyconrad.com/who-we-are/our-team)
- [Mission & Values](https://www.sweeneyconrad.com/who-we-are/mission-values)
- [Our Passion](https://www.sweeneyconrad.com/who-we-are/our-passion)
- [40+ Year History](https://www.sweeneyconrad.com/who-we-are/history)
- [Careers at SC](https://www.sweeneyconrad.com/careers)
- [Benefits & Perks](https://www.sweeneyconrad.com/careers/benefits-perks)
- [Experienced Professionals](https://www.sweeneyconrad.com/careers/experienced-professionals)
- [SC Young Professionals](https://www.sweeneyconrad.com/careers/sc-young-professionals)
- [SC Summer Summit](https://www.sweeneyconrad.com/careers/summer-summit)
- [Job Opportunities](https://www.sweeneyconrad.com/careers/job-opportunities)
- [Get in Touch](https://www.sweeneyconrad.com/get-in-touch)
- [Contact Us](https://www.sweeneyconrad.com/get-in-touch/contact-us/)
- [Pay Online](https://www.quickfee.com/qsop?company=quickfeeus&creditor=SWEENEY)
- [Client Login](https://sweeneyconrad.sharefile.com/)
- [Our Insights](https://blog.sweeneyconrad.com/)
- [Newsletter](https://share.hsforms.com/189SwWa83QWmQ98wj4A6liQ2bure)
# Is Your Estate Plan Up to Date Following a Divorce?
By Melanie Abigania and Jessica Simons | Dec 28, 2021
[](https://blog.sweeneyconrad.com)
INSIGHTS/BLOG
If you’ve recently divorced, your time likely has been consumed with attorney meetings and negotiations, even if everything was amicable. Probably the last thing you want to do is review your estate plan. But you owe it to yourself and your children to make the necessary updates to reflect your current situation.
Keep assets in your control
The good news is that a divorce generally extinguishes your spouse’s rights under your will or any trusts. So there’s little danger that your ex-spouse will inherit your property outright, even if those documents haven’t been revised yet. If you have minor children, however, your ex-spouse might have more control over your wealth than you’d like.
Generally, property inherited by minors is held by a custodian until they reach the age of majority in the state where they reside (usually age 18, but in some states it’s age 21). In some cases, a surviving parent — perhaps your ex-spouse — may act as custodian. In such a case, your ex-spouse will have considerable discretion in determining how your assets are invested and spent while the children are minors.
One way to avoid this result is to create one or more trusts for the benefit of your children. With a trust, you can appoint the person who’ll be responsible for managing assets and making distributions to your children. It’s the trustee of your choosing — not your ex-spouse’s.
Consider a variety of trusts
As part of the post-divorce estate planning process, you might include a variety of trusts, including, but not limited to a:
Living trust. With a revocable living trust, you can arrange for the transfer of selected assets to designated beneficiaries. This trust type typically is exempt from the probate process and is often used to complement a will.
Credit shelter trust. This trust type typically is used to maximize estate tax benefits when you have children from a prior marriage and you also want to provide financial security for a new spouse. Essentially, the trust maximizes the benefits of the estate tax exemption.
Irrevocable life insurance trust (ILIT). If you transfer ownership of life insurance policies to an ILIT, the proceeds generally are removed from your taxable estate. Furthermore, your family may use part of the proceeds to pay estate costs.
Qualified terminable interest property (QTIP) trust. A QTIP trust is often used after divorces and remarriages. The surviving spouse receives income from the trust while the beneficiaries — typically, children from a first marriage — are entitled to the remainder when the surviving spouse dies.
Make the necessary revisions
If you’re currently in the middle of a divorce, we can help you make the necessary revisions to your estate plan, as well as to discuss changing the titling or the beneficiary designations on retirement accounts, life insurance policies and joint tenancy accounts.
### RECENT POSTS
### POSTS BY TAG
- [Tax (121)](https://blog.sweeneyconrad.com/tag/tax)
- [Audit & Assurance (73)](https://blog.sweeneyconrad.com/tag/audit-and-assurance)
- [Estate Planning (60)](https://blog.sweeneyconrad.com/tag/estate-planning)
- [News (29)](https://blog.sweeneyconrad.com/tag/news)
- [COVID-19 (26)](https://blog.sweeneyconrad.com/tag/covid-19)
- [Sweeney Conrad News (20)](https://blog.sweeneyconrad.com/tag/sweeney-conrad-news)
- [Retirement Reporter (17)](https://blog.sweeneyconrad.com/tag/retirement-reporter)
- [Sweeney Conrad Passion (16)](https://blog.sweeneyconrad.com/tag/sweeney-conrad-passion)
- [Sweeney Conrad People (15)](https://blog.sweeneyconrad.com/tag/people)
- [Employee Benefit Plans (14)](https://blog.sweeneyconrad.com/tag/employee-benefit-plans)
- [State and Local Tax (11)](https://blog.sweeneyconrad.com/tag/state-and-local-tax)
- [Sweeney Conrad Community (10)](https://blog.sweeneyconrad.com/tag/sweeney-conrad-community)
- [Advisory (5)](https://blog.sweeneyconrad.com/tag/advisory)
- [High Net Worth (5)](https://blog.sweeneyconrad.com/tag/high-net-worth)
- [Nonprofit Organizations & Private Foundations (5)](https://blog.sweeneyconrad.com/tag/nonprofit-organizations-private-foundations)
- [Business (4)](https://blog.sweeneyconrad.com/tag/business)
- [Sweeney Conrad People (4)](https://blog.sweeneyconrad.com/tag/sweeney-conrad-people)
- [CAAS (3)](https://blog.sweeneyconrad.com/tag/caas)
- [Insider (2)](https://blog.sweeneyconrad.com/tag/insider)
- [Real Estate & Construction (2)](https://blog.sweeneyconrad.com/tag/real-estate-construction)
- [Recruiting (2)](https://blog.sweeneyconrad.com/tag/recruiting)
- [Loca (1)](https://blog.sweeneyconrad.com/tag/loca)
- [Locally Owned (1)](https://blog.sweeneyconrad.com/tag/locally-owned)
- [Scams (1)](https://blog.sweeneyconrad.com/tag/scams)
- [Test (1)](https://blog.sweeneyconrad.com/tag/test)
See all
## Contact Us
Feel free to [email](mailto:information@sweeneyconrad.com) us or call [425.629.1990](tel:425-629-1990)
[Get in touch](https://www.sweeneyconrad.com/preview/get-in-touch/contact-us/)
- [What We Do](https://www.sweeneyconrad.com/what-we-do)
- [Tax Services](https://www.sweeneyconrad.com/what-we-do/tax-services)
- [Client Accounting Services](https://www.sweeneyconrad.com/what-we-do/client-accounting-services)
- [Advisory Services](https://www.sweeneyconrad.com/what-we-do/advisory-services)
- [How We Do It](https://www.sweeneyconrad.com/how-we-do-it)
- [Our Process](https://www.sweeneyconrad.com/how-we-do-it/our-process)
- [Industries we serve](https://www.sweeneyconrad.com/how-we-do-it/industries)
- [Culture & Community](https://www.sweeneyconrad.com/how-we-do-it/culture-community)
- [Giving Back](https://www.sweeneyconrad.com/how-we-do-it/giving-back)
- [Partnership Network](https://www.sweeneyconrad.com/how-we-do-it/partnership)
- [Who We Are](https://www.sweeneyconrad.com/who-we-are)
- [Our People](https://www.sweeneyconrad.com/who-we-are/our-team)
- [Mission & Values](https://www.sweeneyconrad.com/who-we-are/mission-values)
- [Our Passion](https://www.sweeneyconrad.com/who-we-are/our-passion)
- [40+ Year History](https://www.sweeneyconrad.com/who-we-are/history)
- [Careers at SC](https://www.sweeneyconrad.com/careers)
- [Benefits & Perks](https://www.sweeneyconrad.com/careers/benefits-perks)
- [Experienced Professionals](https://www.sweeneyconrad.com/careers/experienced-professionals)
- [SC Young Professionals](https://www.sweeneyconrad.com/careers/sc-young-professionals)
- [SC Summer Summit](https://www.sweeneyconrad.com/careers/summer-summit)
- [Job Opportunities](https://www.sweeneyconrad.com/careers/job-opportunities)
- [Get in Touch](https://www.sweeneyconrad.com/get-in-touch)
- [Contact Us](https://www.sweeneyconrad.com/get-in-touch/contact-us/)
- [Pay Online](https://www.quickfee.com/qsop?company=quickfeeus&creditor=SWEENEY)
- [Client Login](https://sweeneyconrad.sharefile.com/)
- [Our Insights](https://blog.sweeneyconrad.com/)
- [Newsletter](https://share.hsforms.com/189SwWa83QWmQ98wj4A6liQ2bure)
10210 NE Points Dr. Suite 300
Kirkland WA 98033
[425.629.1990](tel:425-629-1990)
[information@sweeneyconrad.com](mailto:information@sweeneyconrad.com)
Proud to be a Member
[](https://www.allinialglobal.com)
Sweeney Conrad is the brand name under which Sweeney Conrad CPA LLP and Sweeney Conrad Advisors LLC provide professional services. Sweeney Conrad CPA LLP and Sweeney Conrad Advisors LLC practice as an alternative practice structure in accordance with the AICPA Code of Professional Conduct and applicable law, regulations and professional standards. Sweeney Conrad CPA LLP is a licensed independent CPA firm that provides attest services to its clients. Sweeney Conrad Advisors LLC and its subsidiary entities, which are not licensed CPA firms, provide tax, advisory, and other non-attest services to its clients. The entities falling under the Sweeney Conrad brand are independently owned and are not liable for the services provided by any other entity providing the services under the Sweeney Conrad brand. Our use of the terms "our firm" and "we" and "us" and terms of similar import, denote the alternative practice structure conducted by Sweeney Conrad CPA LLP and Sweeney Conrad Advisors LLC
[Privacy Policy](https://www.sweeneyconrad.com/preview/privacy-policy) | [Terms of Use](https://www.sweeneyconrad.com/preview/terms-of-use)