When you divorce in Washington — especially with minor children — it’s crucial to update your Will as soon as possible. Washington’s automatic “revocation-on-divorce” statute (RCW 11.12.051) ensures that any gifts, appointments, or powers granted to your ex spouse in your Will are voided upon final decree — but this safeguard only affects your ex, not in-laws, Trustees, or guardians you may have named. Without drafting a new Will, fallback intestacy rules may take effect, and unintended parties might inherit or be named to fiduciary positions in your estate plan. A fresh Will allows you to designate a new guardian and Trustee for your kids, ensure their financial protection through testamentary Trusts, and clarify other beneficiaries. You’ll also want to revise non‑Will assets — like IRAs, life insurance, and 401(k)s — as Washington law and federal ERISA rules treat them differently after divorce. By promptly replacing your old Will with a properly executed, up-to-date one, you ensure your children are the ones who benefit — and that your wishes are legally honored.
If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today!