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What You Need to Know About Powers of Attorney, Wills & Trusts

Most people going through divorce never think about this…

• What happens if something happens to YOU before the divorce is final?
• makes medical decisions for you?
• Who controls your business?
• Who can access your bank accounts?
• Who decides what happens if you’re incapacitated?

And here’s the scary part: if you haven’t updated your powers of attorney, the answer could still be your (soon-to-be-ex) spouse.

In this episode of The Splitting Smart Podcast, Kelly Bennett sits down with her hubby of nearly 40 years, estate planning attorney Greg Bennett, to talk about one of the most overlooked legal issues during divorce: powers of attorney, wills, trusts, and what you absolutely should update before things go sideways.

Because while most people are focused on custody schedules and dividing assets, almost nobody is thinking about who could legally step into their shoes during a medical emergency.

And yes… this stuff matters way more than people realize.

Kelly and Greg talk about:

• Can you change your will or trust during divorce?
• What happens if your spouse is still your medical power of attorney?
• Can your ex make medical decisions for you while you’re separated?
• Who controls your business if you become incapacitated?
• What is a financial power of attorney during divorce?
• Do you need a trust before your divorce is finalized?
• What happens if you have no estate plan at all?
• temporary decision-making agreements

This episode is practical, easy to understand, and full of the kinds of things nobody tells you when you start a divorce.

Because protecting yourself during divorce isn’t just about splitting assets.It’s also about protecting your future if life takes an unexpected turn.

About Greg Bennett
Greg Bennett is an estate planning attorney and partner at Sapere Law & Mediation in Temecula, California. He helps individuals, families, and business owners protect what matters most through expert legal planning. In this episode, he explains how wills, trusts, HIPAA releases, and powers of attorney can become incredibly important during separation and divorce.

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RESOURCES

MEDIATION STARTER GUIDE: https://mailchi.mp/2939c428981d/mediation-resources
KELLY'S BOOK: Victim Is Not Your Name https://a.co/d/e4VguRk
LEGAL & MEDIATION HELP: https://saperelawfirm.com
INSTAGRAM: https://instagram.com/saperelawfirm
FACEBOOK: https://facebook.com/saperelawfirm

Text us your feedback or questions - we'd love to hear from you.

Think your divorce is done once you sign the paperwork?

Nope.

Today I’ve got Sapere Pro estate planning attorney (and my hubby) Greg Bennett back with me, and we’re talking about something most people don’t even realize they need to deal with after divorce.

If you had a family trust during your marriage, there’s a really good chance it no longer says what you think it says once you’re divorced. And if you don’t fix it, you can end up with confusion, conflict, and in some cases… the wrong person inheriting your assets. Nobody wants that.

And one more thing people don’t realize… having just a will is usually not enough. We talk about why a will alone can still send your family through probate, and what that really means for time, cost, and stress.

In this episode, we break it down in plain English so you actually understand what’s going on and what to do next, and so you don’t find yourself in a big mess over in probate court.

Here’s what we get into:

• What actually happens to your trust after divorce and why it doesn’t just “fix itself”
• Why what your trust says and what your divorce says might not match anymore
• The difference between community property and separate property in real life, not legal jargon
• What changes automatically after divorce and what you still have to take care of yourself
• Why having just a will might not protect your family the way you think it does
• The kinds of mistakes people make that end up costing their families time, money, and stress later
• How mediation helps you think through all of this ahead of time instead of cleaning it up after

Bottom line, your divorce might be final… but your planning isn’t.

And this is one of those things that’s easy to put off, but can create a really big mess for your family if you do. A few simple updates now can make everything a whole lot easier later.

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RESOURCES

MEDIATION STARTER GUIDE: https://mailchi.mp/2939c428981d/mediation-resources
KELLY'S BOOK: Victim Is Not Your Name https://a.co/d/e4VguRk
LEGAL & MEDIATION HELP: https://saperelawfirm.com
INSTAGRAM: https://instagram.com/saperelawfirm
FACEBOOK: https://facebook.com/saperelawfirm

Text us your feedback or questions - we'd love to hear from you.

Hey friends. Today we’re talking about something that’s happening more and more, and honestly, it surprises a lot of people when they see it.

Gray divorce.

Yup, that’s the term for divorce after 50, and the numbers have actually doubled since 1990. And in our law practice, Sapere Law & Mediation in Temecula, California, we’ve even seen what I call “extra gray divorce”… couples in their seventies and eighties deciding it’s time to move on.

Divorce later in life looks very different from divorce in your 30s or 40s. By this stage, you’ve usually built a life together over decades. There may be retirement accounts, pensions, adult children, grandchildren, and a lot of shared history. And that’s… extra tough.

So the question becomes: how do you untangle all of that without blowing up your financial future or your family relationships?

Here’s what we’re digging into today:

• What “gray divorce” actually means and why it’s becoming more common
• Why long-term marriages create different financial challenges
• Retirement accounts, pensions, and how they get divided in divorce
• Why spousal support is often part of divorce after a long marriage
• The emotional reality of ending a relationship after decades together
• How adult children and grandchildren are affected (and they are!)
• Why mediation is often a smarter path than courtroom divorce

Divorce after 50 is not just about splitting assets. It’s about protecting your financial future, your emotional wellbeing, and your family relationships. And how divorce mediation can help you protect your retirement, reduce stress, and keep family relationships intact.

Have a listen, or share this episode with a loved one who may be facing their own “gray divorce.”

RESOURCES

MEDIATION STARTER GUIDE: https://mailchi.mp/2939c428981d/mediation-resources
KELLY'S BOOK: Victim Is Not Your Name https://a.co/d/e4VguRk
LEGAL & MEDIATION HELP: https://saperelawfirm.com
INSTAGRAM: https://instagram.com/saperelawfirm
FACEBOOK: https://facebook.com/saperelawfirm