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Yes, you can change your Will at any
time. If you are contemplating divorce, you should update your Will
before the divorce so that your desires are in effect upon divorce.
If you do not update or have a
Will, your surviving spouse may be named to manage your estate and may
receive up to 100% of your property, even if you are separated from your
spouse.
If you disinherit your spouse
before divorce, without a Separation Agreement in place, your spouse may
be able to successfully challenge your Will. However, if you and your
spouse enter into a valid Separation Agreement that waives inheritance
rights, your spouse cannot assert any elective share.
In addition, effective estate
planning tools can remove substantial property from your estate to avoid
estate claims.
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