How Divorce Affects Your Will, Trust, and Beneficiaries in New York

If you’re going through a divorce or have recently finalized one, it’s critical to revisit your estate plan. In New York State, divorce significantly impacts your will, trust, and beneficiary designations — and if you don’t take the right legal steps to update these documents, your assets may not go where you intend after your passing.

Whether you live in Monroe County, Orleans County, or Genesee County, taking the time now to adjust your estate plan can help prevent future confusion, protect your loved ones, and ensure your wishes are honored.

How Divorce Affects Your Will in New York

Under New York law, a divorce automatically revokes any provisions in your will that relate to your former spouse. This includes:

• Gifts or inheritances left to your ex-spouse
• Their role as executor (if they were appointed)

While this may seem helpful, it’s not a replacement for an updated will. If you don’t name new beneficiaries or an alternate executor, your estate may pass through intestacy laws — which means the default provisions of New York law could decide where your property goes.

Takeaway:

Always create a new will (and estate plan generally) after divorce to clarify your intentions, especially if you wish to leave assets to children, relatives, or charitable causes.

Schedule a consultation now to update your will.

Impact on Living Trusts

Like wills, revocable living trusts should also be reviewed and amended after divorce. If your ex-spouse is a trustee or beneficiary of the trust, you'll likely want to remove them and appoint someone else.

In some cases, a trust may have been created jointly or during the marriage. These can be more complex to modify or dissolve, especially if they involve shared assets or irrevocable terms.

Key Actions:

• Review all trusts wherein your ex-spouse is named
• Work with an attorney to amend or revoke the trust, if needed
• Set up a new trust to reflect your current wishes

We can help you modify or create trusts that align with your post-divorce goals.

Beneficiary Designations: Often Overlooked but Critical

Assets that pass outside your will—such as life insurance policies, retirement accounts (401(k), IRA), and payable-on-death (POD) bank accounts—allow you to name beneficiaries directly. These designations are not always automatically revoked by divorce.

That means if your ex-spouse is still listed as the beneficiary, they could legally receive those funds unless you take action.

To avoid costly mistakes:

• Review and update beneficiary designations on all accounts
• Make sure the designations match your updated estate plan
• Keep copies of the updated forms for your records

Tip: You should also update healthcare proxies and powers of attorney—divorce doesn’t always revoke these either.

Get help reviewing and updating your beneficiary forms today.

What If You’re Still in the Process of Divorce?

It’s never too early to begin making estate planning changes. While some actions may need to wait until the divorce is finalized (especially if there are court-imposed restrictions), you can still begin planning with an attorney.

For instance, you may not be able to change joint accounts or some trust structures immediately, but you can:

• Draft a new will
• Create a new trust
• Prepare new powers of attorney or health care proxies

Let’s talk about your options—schedule a consultation with KHJ Law.

How This Applies in Monroe, Orleans, and Genesee Counties

Estate planning laws are governed by New York State, but local considerations still matter. Our firm works closely with clients across Rochester (Monroe County), as well as Orleans County and Genesee County, to ensure your legal documents are executed properly, notarized and witnessed where necessary, and filed appropriately.

From urban estate plans in Rochester to estate plans for rural family businesses in Orleans and Genesee, and everything in between, we provide the attention and customization that online services can’t match.

Why DIY or Online Services May Not Be Enough

Services like LegalZoom don’t account for the advice concerning nuances of your divorce, local court expectations, or blended families. A trusted estate planning attorney ensures that everything aligns with New York laws and your unique circumstances—especially post-divorce.

Working with a real law firm also means your plan can adapt as your life does—no guesswork, no templates, and no missed steps.

Let’s help you secure your future—get started today with a legal review.

Final Thought: Don’t Delay

Divorce is a major life event that requires a fresh look at your legal affairs. Even if you think your plan is “fine for now,” failing to update your documents can lead to future legal battles or outcomes you wouldn’t want.

Take control of your legacy now—update your will, trust, and beneficiaries the right way.

Contact Klafehn, Heise & Johnson PLLC to schedule your consultation.

This article provides general information about legal strategies and guidance for estate planning and probate law in New York State. It should not be construed as legal advice or a substitute for consulting with an attorney. Each individual's situation is unique, and laws can vary from state to state. For specific legal advice and guidance tailored to your transactions and circumstances, consult with the attorneys at Klafehn, Heise & Johnson PLLC in Brockport, NY. You can contact us here.. Portions of this account are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.