Estate Planning After Divorce in West Virginia and Pennsylvania: What You Need to Know
Divorce is one of life’s biggest transitions. While you’re focused on moving forward emotionally and financially, one critical step is often overlooked — updating your estate plan after divorce.
If you live in West Virginia or Pennsylvania, failing to revisit your will, trusts, beneficiary designations, and powers of attorney could leave your ex-spouse with control over your assets or healthcare decisions — even if that’s the last thing you intend.
In this post, we’ll explain why post-divorce estate planning matters, what needs to be updated, and how state laws — and even local county practices — can affect your wishes.
Why Estate Planning Is Critical After Divorce
After a divorce, your old estate plan is almost always out of date.
Beneficiary mistakes – Retirement accounts, life insurance policies, and payable-on-death accounts might still list your ex-spouse. In many cases, financial institutions must follow the form on file — not your verbal wishes.
Outdated wills and trusts – Both PA and WV have laws that can void provisions favoring your ex-spouse, but these laws may not cover every asset.
Power of attorney issues – If your ex is still named as your agent, they may legally act for you until you revoke that authority.
Updating these documents ensures that your children, chosen heirs, and trusted decision-makers are in place.
Key Post-Divorce Estate Plan Updates
Update Your Will
Remove your ex-spouse as executor or beneficiary.
Add new heirs or guardians for minor children.
In Pennsylvania and West Virginia, divorce may automatically revoke certain provisions in favor of your ex — but not all. Don’t rely solely on state law.
Review Beneficiary Designations
Retirement accounts (401k, IRA)
Life insurance policies
Transfer-on-death (TOD) or payable-on-death (POD) accounts
Pro Tip: Federal law often overrides state divorce laws for certain retirement accounts — meaning your ex could still get the money if you don’t make changes.
Revise Powers of Attorney
Financial Power of Attorney: Remove your ex as agent.
Healthcare Power of Attorney/Living Will: Name someone you trust to make medical decisions if you can’t.
Revisit Trusts
If you have a revocable living trust, update trustees and beneficiaries.
Consider a trust to protect children’s inheritance from an ex-spouse’s control.
Plan for Minor Children
Choose a guardian in your will.
Consider setting up a trust so funds for your children are managed by someone you trust, not your ex.
WV and PA Laws That Affect Your Estate Plan
West Virginia: Under WV law, divorce revokes any provisions in a will that favor your former spouse, but it does not change beneficiary designations on life insurance or retirement accounts.
Pennsylvania: Divorce generally revokes bequests to an ex in wills and certain non-probate assets — but exceptions exist for assets governed by federal law or out-of-state property.
Because state laws differ and federal law can override, working with an estate planning attorney familiar with both WV and PA law is critical.
Local Considerations in Southwestern Pennsylvania and Northern West Virginia
Estate planning is never one-size-fits-all — and in some cases, local county practices can impact timing, probate court procedures, and even how certain documents are interpreted.
If you live in Southwestern Pennsylvania — including Allegheny County, Washington County, Westmoreland County, Fayette County, Greene County, and Beaver County — or Northern West Virginia — including Monongalia County, Marion County, Harrison County, Ohio County, and Brooke County — it’s especially important to work with a lawyer who understands both state laws and local court procedures.
Whether you need to update your will after divorce in Allegheny County, change your beneficiary designations in Monongalia County, or revise a trust in Washington County, our firm can guide you so your wishes are protected and legally enforceable.
Protecting Children in Your Post-Divorce Plan
For parents, estate planning after divorce is about more than dividing assets — it’s about making sure your children are cared for in the way you want. This often means:
Naming a trusted guardian (who is not your ex-spouse if appropriate).
Creating a trust to manage inheritance until your children are mature enough to handle it responsibly.
Making sure your ex has no unintended control over assets meant for your children.
The Bottom Line on Estate Planning After Divorce
If you’ve gone through a divorce in West Virginia or Pennsylvania, your estate plan is likely out of date. Without making changes, you risk leaving important decisions — and your legacy — in the wrong hands.
*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice. It should not be relied on, nor construed as creating an attorney-client relationship.