Post Divorce

After you get divorced you will need a new will, powers of attorney, health care power of attorney, and living will. You might also consider a pre-nupital agreement if you decide to get married.

You can purchase these important documents for a very low cost at our affiliated web site at: SmartLegalForms.com. The state-specific forms that are offered from the SmartLegalForms.com Web site are powered by the same proprietary intelligent document automation technology that you used to create your Marital Separation Agreement. You can see the form being assembled before you buy.

Wills – $29.95

  • A Will enables you to decide how your property should be distributed at death, to name both a personal representative for your estate and a guardian for your minor children, and to set up a children’s trust to manage assets left to your minor children. A will is the most commonly used estate-planning tool, though it is often used in conjunction with other devices, such as a trust. It is a legal document, and through it, you can accomplish many things – you can give away your belongings, name a guardian for your children, cancel any debts owed to you by another person, transfer property into an existing trust, or designate a trusted person to administer your estate (called an “executor”). If you care about what happens with your property when you die, even if you own only a small amount of cash and few belongings, then a will can reflect your wishes after you die. After you are divorced you should create a new Will.

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Living Will and Health Care Power of Attorney – $9.95

ALiving Will and Health Care Power of Attorney - also known as an “Advance Directive” allows you to record your health care instructions in the event you are facing an end-of-life situation, such as your wishes and beliefs about artificial life support and other life-saving measures. Additionally, you can name someone as your health care proxy or agent to act on your behalf when you can no longer speak for yourself.  A living will is not really a will and does not dispose of your property, but instead is an instrument that states your wishes for your care in the event that you become terminally ill or permanently unconscious. Through a living will you can state whether you want any type of treatment to prolong your life, reduce pain, or provide nourishment. You should create a new Living Will and Health Care Power of Attorney if you get divorced.

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Advance Directives – $9.95

What is a “durable power of attorney for healthcare”?

  • A durable power of attorney for healthcare names a person  (called an “agent”) who will be responsible for making decisions on your behalf if you become incapacitated and unable to care for yourself. The power becomes effective when you are determined to be incapacitated.

I don’t understand how the two differ – aren’t they really the same?

No. A living will does not name an agent and applies only if you become terminally ill. A durable power of attorney for healthcare is much broader and gives the agent full decision-making authority with respect to a wide variety of situations involving your medical, surgical, hospital and related care.

What about my financial affairs – who manages those if I become ill or incapacitated?

You should execute a power of attorney for financial matters, which will designate a certain person of your choice to handle your financial affairs in the event you become ill or incapacitated. The person you name will then be able to perform a many duties such as paying your bills, managing your bank accounts, and investing your assets.

Property Power of Attorney – $14.95

Property Power of Attorney - authorizes another party to act on your behalf during an absence or medical incapacitation in matters related to physical property, real estate, banking, insurance, tax matters, etc.

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