Q: My son has recently divorced. I have tried to get him to draw up a new will, but he says his attorney told him his ex-spouse is automatically removed from the will. Is this true?

A: Yes; if after making a will, the testator divorces from his spouse, any provisions in favor of the ex-spouse are revoked. There is a similar, although not identical, provision addressing revocable trusts.

However, I still recommend that your son see an attorney to update his estate plan.

First, keep in mind that the Indiana code only removes the ex-spouse from the will and trust. This is important to remember because many of our estate-planning decisions aren't subject to the will or trust.

For example, beneficiary designations on life insurance and bank accounts may not be affected by the divorce. In other words, if you list your ex-spouse as beneficiary on your life insurance policy and fail to change it after the divorce, she likely will collect the money. The code section will not apply under those circumstances.

The best way to proceed is to make a complete list of assets. The list should show how the assets are titled, such as joint with rights of survivorship, and if there are beneficiary designations. Then, make the necessary changes. I have one caveat here; check the dissolution decree to see what can and can't be done. For example, your son may be required to carry life insurance with the ex-spouse listed as beneficiary. This isn't an uncommon requirement if child support is involved.

Having said all that, here are a couple of other issues your son will want to address. As a single adult, it may not be clear who can make medical decisions for him and who can access his medical records under HIPAA. Therefore, I strongly urge him to consider appointing a health care representative.

Also, if your son has young children and his will provides for the creation of a testamentary trust for the children's benefit, he will want to check to see who is trustee. If he and his ex-spouse executed wills at about the same time, he might find that each of them has listed the other as trustee for the kids. Or, perhaps, he may have listed a member of his wife's family as trustee or guardian. Maybe the trustee or guardian of a minor child is an issue or maybe not. In either case, I would suggest that he review the appointment and decide.

I'm sure thinking about dying is the last thing he wants to address after going through a divorce. Unfortunately, estate planning is a necessary consideration. Many family law attorneys address the estate planning issue as part of the divorce. If his attorney hasn't discussed it with him, he should ask.

Maybe the attorney can help with necessary changes. If not, I'm sure the attorney can direct him to someone who can.

Opinions expressed solely are those of the writer. Christopher W. Yugo is a member of the Indiana Bar and a vice president and trust officer for Centier Bank's Trust Department. Address questions to Yugo in care of The Times, 601 W. 45th Ave., Munster, IN 46321.