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Why should I prepare a will after my separation or divorce?

Separation or divorce is an emotionally and financially difficult time in your life. You are asked to deal with many life-altering matters in this extremely stressful time. You probably feel you cannot deal with one more decision about the future. However, there is one matter that is indirectly related to your separation or divorce and is crucial to ensure your wishes are carried out with respect to your property and the rights of your children should you die. Every adult should have a Will; this is especially true of an individual who has recently separated or divorced especially if there are minor children.

Although a Will cannot designate who receives physical custody of surviving minor children, it can set forth your intentions with regard to who will care for your children's financial matter after your death. If you do not name a guardian for your child's legal matters in your Will, your ex-spouse will have control of the assets left to your child. You may also wish to leave specific assets to your children. An attorney can discuss with you how these may be distributed within and outside of your Will.

Disclaimer: - These opinions represent a generalization based upon Pennsylvania law as of Nov. 1, 2014. You should consult an attorney and discuss your specific circumstances before taking any action.

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