Divorce Estate Planning

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
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Change Your Will When Your Divorce Is Final

Hi there, All the more reason that you need to follow up with a qualified financial and estate planner after a divorce! Best,Nancy...more

Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

U.S. Supreme Court Holds Same-Sex Marriage To Be a Fundamental Right

The United States Supreme Court issued its opinion in Obergefell v. Hodges, 576 U.S. ___ (2015) on June 26, 2015. In a 5-4 decision, the Supreme Court held that the Fourteenth Amendment requires a State to license a marriage...more

Till Death Do Us Part. . . or at Least Until the Divorce Becomes Final

When important changes occur in life, it is advisable to reevaluate your estate planning to ensure it continues to meet the goals and objectives you have for your estate and your beneficiaries – and going through a divorce is...more

When Can I Modify My Estate Documents During a Divorce?

Often clients ask when estate documents can be modified during a divorce. You should consider changing everything immediately. There are essential documents that everyone needs in his/her estate plan to be prepared to...more

CFPB Clarifies Heirs, Divorcees and Estate Planning Transferees Are Not Subject to Ability-to-Repay Rules

The CFPB issued an interpretive rule to clarify that when a borrower dies, the name of the borrower’s heir generally may be added to the mortgage without triggering the Bureau’s Ability-to-Repay rule. This clarification will...more

Distributions From A Texas Trust Deemed Separate Property

Conventional wisdom is that a spouse’s earnings from separate property are community property. But it’s not that simple. In Benavides v. Mathis a Texas court denied wife Leticia’s claim to one-half of the income derived from...more

5 Estate Planning Mistakes You Should Try to Avoid

In your experience, what’s the most costly mistake people make when preparing estate plans, and what can they do to fix them? That’s the question we recently put to attorneys writing on JD Supra....more

Estate Planning After Divorce

A good estate plan should be flexible and structured to account for foreseeable life events. However, even the best estate plan cannot accommodate every turn your life may take. Periodic review and tweaking of an estate plan...more

"The Estate Planner" – November/December 2013

In this issue: - Estate Planning In Divorce: Don’t Put It Off - Prepare Your Estate Plan For Postmortem Flexibility - The U.S. Supreme Court DOMA Ruling - How It Affects Estate Planning for Same-Sex...more

Estate Planning and Former Spouses: Updating your Will, Life Insurance and Other Beneficiary Designations following a Divorce

Following a divorce, you should carefully review your estate plan to ensure that your former spouse will not receive any unintended distributions from your estate. Unless otherwise required by the terms of the divorce, you...more

“Magic” Words To Ensure an Ex-Spouse Remains in Will

Attorneys often encounter situations in which someone makes a will or designates a beneficiary naming their spouse as the heir or beneficiary, separates from their spouse, fails to make changes to their will or beneficiary...more

Focus - Fall 2013

In this issue: - Creating an Effective Corporate Strategic Venture Capital Program - "Amazing Clients: Victor Del Regno, Producer and Director of "Till Then - A Journey Through WWII Love Letters" -...more

Updating Your Estate Plan After a Divorce

Christine Fletcher is back to provide more of her knowledgeable estate planning advice....more

The Importance of Estate Plans Post-Divorce

If your divorce has just ended, you probably feel like you NEVER want to talk to a lawyer again. However, there are a number of financial steps you should take after you divorce, and one requires a lawyer: You need to change...more

United States v. Windsor: A New Direction in Planning for Same-Sex Couples

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor1 overturned Section 3 of the Defense of Marriage Act ("DOMA"), which had defined marriage as a union between a man and a woman.2 As a result, married...more

Gray Divorce: Retirement Accounts and Estate Planning

DIVIDING RETIREMENT ACCOUNTS - There are important differences associated with dividing retirement plans that are already in pay status and those that are not. Some people divorcing later in life are already retired,...more

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more

When Should I Call a Lawyer?

You don’t need a lawyer for everything, but there are a few times in life when hiring a lawyer is a necessity....more

Estate Planning: Lessons Learned From Hugh Hefner's Third Marriage

Estate Planning: Lessons Learned From Hugh Hefner's Third Marriage Hugh Hefner and girlfriend Crystal Harris got married for a third time on New Years Eve 2012. Hugh Hefner is best known for his Playboy empire And Harris is...more

Estate Tax Lessons from 2010 and Things to Watch Out for in 2011

A revocable living trust is a wonderful tool, but it’s just an empty vessel until you fund it by re-titling your assets in the name of your trust. Michael Jackson created what is most likely a wonderful living trust, but his...more

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