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Will My Children’s Trusts Be Affected By My Divorce

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Last Updated: Aug 25, 2026

Read Time: 3 mins

A living trust is used to avoid probate and guardianship, as a living trust attorney relies on can explain. If children are the desired beneficiaries then provisions can be made to direct the assets to them upon your death. Because these trusts are tightly integrated with your spouse, a divorce normally necessitates a change in your living trust and other estate planning documents.

When a person gets divorced, the beneficiaries of the living trust are not automatically changed to exclude the ex-spouse. If you want your child to receive the inheritance instead of your ex-spouse, you must make an amendment to the living trust. Otherwise, your ex-spouse is likely to receive the inheritance instead of your child.

The living trust normally appoints the ex-spouse as the successor trustee in the event of your death. So while the trust may be amended to distribute the assets to the child, the ex-spouse may be the person controlling the child’s inherited money. In some divorces, this may be the desire of the client, but normally you’re going to want to appoint a friend or family member to control your child’s finances if you’ve died.

Additionally, the living trust appoints the ex-spouse as the person who will have the authority to remove and appoint trustees for the child’s trust if you are unable to do so. This provision should be identified and amended so the ex-spouse cannot manipulate the management of the child’s funds by removing your chosen successor trustee.

If you live in one of the nine community property states, you probably created a “joint” trust, which means the grantors, those who started the trust, are co-mingled with each spouse. These types of trusts are not amendable if you get a divorce and you should revoke the joint trust entirely. These trusts are so integrated with your ex-spouse, both legally and for tax purposes, that nothing short of a full revocation will suffice.

Whether a joint trust or separate trusts is used, the trust appoints trustees to manage your finances in the event you become mentally incapacitated. Once again, this is normally your ex-spouse and the living trust needs to be amended to appoint a new person.

Basic estate plans should include a will , powers of attorney and health care directives. Some states provide that if you divorce your ex-spouse has been deemed to have predeceased you. That means that if you have named a successor executor or agent under the power of attorney then that successor becomes the first successor. However, do you want to have a legal document giving your ex-spouse the power to fraudulently use a power of attorney, for example, to gain access to your finances? Prudence would dictate that you update all your estate planning documents soon after a divorce.

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   Cheryl Adkins 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We loved the staff at Patterson Bray.  Everyone was very professional.  Judith was very thorough and explained everything extremely well.  We would recommend Patterson Bray to anyone.
  
 
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   Hailey Wade 
 25 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.
  
 
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   Deb Clark 
 30 days ago
 
 
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   Tanya White 
 30 days ago
 
 
 Trustindex verifies that the original source of the review is Google. PattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part.  Gabby put together  a very professional beautiful binder for us to have, and has answered questions we have had since  then. I am so glad they were recommended to us, and we had them to walk us through this procedure.
  
 
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   Charmaine Sego 
 30 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray did a great job with my mother's trust.
  
 
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   Phil Chamberlain 
 47 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC - first class lawyers.
  
 
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   Catherine McGee 
 67 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Heath Taylor was a genuine joy to work with during my divorce: straight forward, professional, and knowledgeable. I do hope I never have the need to acquire more legal help, but if I do, he'll be my first call. Thank you for everything, Heath!!
  
 
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   Marva Johnson 
 73 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I FOUND PATTERSON BRAY AND JUDITH DENHAM TO BE PROFESSIONAL, VERY THOROUGH, AND PERSONAL. I DID NOT FEEL LIKE A CLIENT, BUT A PERSON. I AM SO IMPRESSED WITH THEM, ESPECIALLY JUDITH AND GABBY. VERY GRATEFUL FOR ASSISTANCE.
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   Pam Nicole 
 74 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.
  
 
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   Steven Creasy 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Rachel was amazing and professional. Highly recommend. Thank you!

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