Unless you remove an ex-spouse as the named beneficiary or joint owner with right of survivorship, he or she can legally inherit your property, assets, bank account balances, life insurance proceeds, and retirement plan accounts—even if you have different instructions written in your will. Unless you take the proper steps, a probate court also can designate your ex-spouse to manage any inheritance that you leave your children.

In many states, getting divorced automatically removes your ex-spouse as the recipient of any gifts in your will. In other states, your will is automatically revoked when you get divorced. Regardless, it is important to remember that a will can still be considered legally in force even though gifts to your ex-spouse are no longer valid. In fact, if no beneficiary is named in lieu of your ex-spouse, your belongings could go to the person originally designated to receive everything left over from your estate.

To avoid unnecessary confusion, it is important to review your will and make any needed changes to your list of beneficiaries after you get a divorce, get married, or blend families. In the case of divorce, you can simply write up a new will and leave your ex-spouse out of it. Aside from changing your will, it also is important to change beneficiary information for any trusts, insurance policies, livings wills or trusts, or retirement plans that you own. You also may want to make sure the manager or organization that oversees your retirement funds is aware of any special instructions involving your beneficiaries.

Be aware that some states will not allow you to completely disinherit an ex while a divorce is pending, so it is a good idea to find out about any applicable laws in your state. In addition to changing your will following divorce, you may want to make sure that all changes to instructions regarding your estate are consistent with your final divorce decree or property division agreement. For more information, see http://public.findlaw.com/bookshelf-mdf/mdf-10-1.html.