The end of the holiday season and the start of a new year often create a natural moment to reset and get important matters in order. For many couples across Southeast Pennsylvania, it is also when separation becomes real, divorce conversations turn serious, or filing begins to feel unavoidable. While your attention may understandably be on immediate concerns like custody schedules or the future of the marital home, one critical issue is often overlooked: your estate plan.
During a marital transition, it is risky to assume the law will automatically update your paperwork for you. Outdated instructions, older copies still in circulation, and unchanged beneficiary forms can leave major decisions and major assets pointing to the wrong individual amidst a separation or divorce.
Pennsylvania also has rules that affect your Will. In general, provisions in favor of a spouse become ineffective once a divorce is finalized, and Pennsylvania law also includes a narrow rule that can treat a spouse as having predeceased you for inheritance purposes in certain pending-divorce situations when specific statutory conditions are met. These default rules are not a substitute for a clear, updated plan that reflects your current reality.
At Blessing Law, we believe peace of mind during life’s transitions is priceless. Reviewing your Pennsylvania Estate Plan at the start of the year is a practical step toward protecting your autonomy, your children, and your future with documents that reflect your wishes.
Navigating the Separation Danger Zone Under Pennsylvania Law
Many people are surprised to learn that simply moving into separate residences does not change an estate plan. In Pennsylvania, separation alone does not revoke a will or change beneficiary designations. If you are separated but no divorce action has been filed, your spouse generally retains their full status in your documents.
A second, more complex risk exists while a divorce is pending. Under the Pennsylvania PEF Code, a spouse is only treated as having predeceased you for inheritance purposes if you die after grounds for divorce have been established. If a spouse passes away after the divorce is filed but before grounds (such as the filing of affidavits of consent or the expiration of the required separation period) are legally met, the surviving spouse may still be entitled to their elective share or inheritance. This gap is the heart of the danger zone, making it vital to update your documents the moment separation begins.
Protecting Your Personal Autonomy: Healthcare and Financial Directives
Your estate plan isn't just about what happens after you pass; it’s about who controls your life while you are here. In Pennsylvania, your Advance Health Care Directive and Financial Power of Attorney are your primary defenses.
Once a divorce action is filed in PA, the law (specifically 20 Pa. C.S. §§ 5605 and 5422) generally acts to revoke the designation of a spouse as your agent. However, under Section 5608, third parties like banks or hospitals are often shielded from liability if they rely on an old document in good faith before being notified of the change.
- Explicit Intent: If your document specifically states the spouse should remain the agent even if a divorce is filed.
- The Paper Trail Delay: Even if the law revokes their authority, hospitals or banks may still follow the old document on file if they haven't been served with the new version.
By updating these documents now, you ensure that a parent, sibling, or trusted friend is the one making critical decisions during an emergency, rather than an estranged spouse.
Local Legal Oversight: Avoiding Orphans’ Court Conflict
For our clients in Bucks, Montgomery, and Philadelphia Counties, estate disputes typically end up in the Orphans’ Court. This is a specialized division of the Court of Common Pleas that handles the validity of wills and fiduciary disputes.
Litigation here can be public, costly, and emotionally grueling. Our Peacemaker approach focuses on proactive planning to keep your family out of the courtroom. By clarifying your intentions in your will now, and specifically addressing the one-third elective share that a spouse is entitled to while still legally married, we help you build a plan that is litigation-proof. This protects your heirs from the stress of a contested estate in the middle of an already difficult family transition.
Safeguarding Children: Guardianship and Trusts During Divorce
If you have minor children, your estate plan is your primary tool for ensuring they are cared for by the people you trust. In many older wills, spouses name each other as the primary guardian and trustee for their children’s inheritance. As you separate, you may find that your vision for who should manage your children’s money, and how it should be used, has changed.
Updating your plan gives you the opportunity to name the people you trust most to handle these responsibilities and to build safeguards into the structure. For example, a testamentary trust created through your will can help ensure that assets intended for your children are managed responsibly and used for needs like education, healthcare, and support. The start of a new year is the right time to ask a difficult but necessary question: Are the decisions you made years ago still the decisions that are best for your children today?
Avoiding the ERISA Trap in Retirement Account Beneficiary Designations
One of the most common and costly oversights during divorce planning involves non-probate assets. These are assets like life insurance policies, retirement accounts, and certain annuity or investment products that pass directly to a named beneficiary, regardless of what your will says.
In Pennsylvania, divorce or a pending divorce can affect certain beneficiary designations in specific circumstances, but you should not rely on assumptions or informal promises. Beneficiary forms and account rules often control what happens next, and outdated designations are one of the easiest ways for an old plan to defeat your current intentions.
There is also a federal layer that makes this issue even more important. Many employer-sponsored retirement plans are governed by ERISA, and federal courts have often held that plan administrators must pay the person named on the beneficiary designation on file, regardless of state divorce laws. In other words, the form on file often controls. Our team at Blessing Law can help you conduct a comprehensive audit of these designations so nothing falls through the cracks and your estate plan remains current.
Why Our Peacemaker Approach to Estate Planning and Divorce Matters
At Blessing Law, Maribeth Blessing and her team focus on transformative solutions and peacemaking. You might wonder how estate planning fits into this philosophy. The answer is simple: clarity prevents conflict. When you have a clear, updated estate plan, you remove the ambiguity that can lead to disagreements and family strain.
By taking these steps sooner rather than later, you can send a clear signal that you are taking control of your life. You are protecting your legacy and reducing the likelihood that your children and loved ones will be pulled into unnecessary disputes. At Blessing Law, we offer straightforward estate planning packages to provide you with the protection you need without unnecessary complexity. A proactive plan can lower stress for everyone involved and help you focus on the emotional healing that comes with a fresh start.
Embracing a Fresh Start for the New Year
As you navigate the complexities of separation or divorce anywhere in Southeast Pennsylvania, including Bucks County and the Philadelphia area, remember that you do not have to do this alone. These transitions are multifaceted, and your estate plan is a foundational element of your personal and financial security. Taking the time to review your documents this month is an act of empowerment. It allows you to close the door on the past and walk into the new year with greater confidence.
Find Transformative Solutions for Your Estate and Family Law Matters With Blessing Law
If you are currently separated, considering divorce, or have recently finalized your split, your estate plan needs immediate attention. We invite you to reach out to us to schedule a comprehensive review of your legal documents. We will work with you to update your will, powers of attorney, and beneficiary designations so they align with your goals and provide the protection you deserve.
The best way to get guidance on your specific legal issue is to speak with a wills and estates lawyer serving Southeast Pennsylvania. Call our office today at 215-608-6236 or contact us online to schedule your free pre-consultation. Let us help you find the peace of mind that comes with a well-crafted plan.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.