News & Analysis as of

Divorce Wills

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.
Bowditch & Dewey

Remember to Adjust Your Estate Plan During or After a Divorce

Bowditch & Dewey on

Married couples often have wills naming one another as their primary beneficiary. People also often name their spouse as beneficiary of retirement accounts and life insurance policies. Upon commencing a divorce action,...more

Ward and Smith, P.A.

Protecting Your Family Business for When Marriages End

Ward and Smith, P.A. on

Love may be eternal, but all relationships on this earth are guaranteed to end at some point. In fact, we know with certainty that every marriage is going to end in one of two ways, either by death or divorce....more

Fox Rothschild LLP

The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending

Fox Rothschild LLP on

What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the benefit of the surviving spouse because, in most cases, they would...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] My Will and My Divorce: Protecting Your Assets From Your Ex - September 26th, 12:00 pm - 1:00 pm ET

During the divorce process, one often overlooked area is updating your estate plan. Divorce can impact beneficiary designations on life insurance policies, retirement accounts, and other assets and can also have tax...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Haven’t Coordinated Beneficiary Designations With Your Will

Perhaps you drafted your will years ago and it references many of your existing assets, including retirement plan accounts and life insurance policies. But you also have paperwork on file with the applicable financial...more

Obermayer Rebmann Maxwell & Hippel LLP

Avoiding Estate Litigation: Estate Planning During and After Divorce

It is highly likely that if you’re going through a divorce, your estate plan is going to be the last thing on your mind. However, this is an imperative time to make sure you have the necessary documents in place to protect...more

Fox Rothschild LLP

Don’t Let Your Dead Body Become “A Loose Ball.”

Fox Rothschild LLP on

Forgive the title but this is written amidst the Eagles-Vikings game and on the same date as Queen Elizabeth’s funeral. Commentators noted that the Queen’s final event was more than a generation in the planning and was...more

Fox Rothschild LLP

PA. Supreme Court Affirms that “Contractual Expectancies” Are Gifts & Non Marital Property

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Those of us from large firms sometimes read opinions where solo practitioners take a shot at an issue and force us to take notice. The facts in this Bucks County case litigated by a solo practitioner against a two lawyer firm...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Dial “M” for Murder (1954), or Murder Doesn’t Pay, and Peanut Butter Expires in November

Rivkin Radler LLP on

Margot and Tony Wendice seem to have it all – they are young, beautiful, and in love. However, much like pyrite, not everything that glitters is gold. Before their marriage, Tony was a successful tennis player. It...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Importance of Post-Divorce Beneficiary Planning

When you’re in the throes of a separation or divorce, it is easy to forget the importance of updating your will and your estate plan. With so much happening in the here and now, things like beneficiary designations and...more

Lowndes

Florida’s Elective Share: Just What the Disinherited Spouse Needed

Lowndes on

It happens more often than you think: A surviving spouse is unknowingly excised from their predeceased spouse’s last will and testament to ostensibly be left with nothing. For instance, The Cars front man, Ric Ocasek, removed...more

Lasher Holzapfel Sperry & Ebberson PLLC

I Created An Estate Plan When My Spouse And I Had Kids, Why Should I Update It Now?

When you were younger, after getting married and having children, you met with a lawyer and created an estate plan. Now the kids are grown, finished with college, and are is settled in their adult lives. Of your three...more

Holland & Hart LLP

Ric Ocasek’s Personal Representative Is In For a Bumpy Ride

Holland & Hart LLP on

On September 15, 2019, Ric Ocasek, singer, songwriter, and guitarist of The Cars, died in his Manhattan residence. He was found that morning by his wife, Paulina Porizkova, a supermodel and celebrity in her own right, as she...more

Cohen Seglias Pallas Greenhall & Furman PC

Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?

Presented by Cohen Seglias Attorneys Brian Lawton and Whitney Patience O'Reilly on January 23, 2020. It can take years to accumulate assets and increase the value of your business and investments. Unfortunately, without an...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce? - January 23rd, 12:00...

It can take years to accumulate assets and increase the value of your business and investments. Unfortunately, without an asset protection plan, you could lose everything or a significant portion of what you have worked so...more

Chambliss, Bahner & Stophel, P.C.

Estate Planning During a Divorce: Four Key Considerations

You have planned your life carefully. With your spouse you have drawn up a will and established trusts to organize your estate after your deaths. You have made decisions about the guardianship of your children should anything...more

Burns & Levinson LLP

Updating Your Estate Plan in the Event of Divorce

Burns & Levinson LLP on

It’s advisable to review and update your estate plan with any change in personal circumstances, financial circumstances, changes in the law, or just the passage of an extended time. But if you’re in the midst of a divorce, or...more

Jaburg Wilk

Getting Divorced? Don’t Forget to Update your Estate Plan

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Why do estate planning documents need to be updated when a couple is getting divorced? This simple story illustrates one of the key reasons. An Arizona couple had been married for several years and during their marriage had...more

Winstead PC

Court Affirms Finding Of Undue Influence Regarding Execution Of Will

Winstead PC on

In In re Estate of Russey, the decedent was going through a divorce and signed a will. No. 12-18-00079-CV, 2019 Tex. App. LEXIS 1536 (Tex. App.—Tyler February 28, 2019, no pet. history). ...more

Burns & Levinson LLP

Estate Planning After Divorce

Burns & Levinson LLP on

Divorce attorneys saw a wave of divorces last year due to the changes in the tax laws that took effect on January 1, 2019. If you were one of the masses whose divorce was finalized in 2018, now is the time to revise your...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - April/May 2019: A second walk down the aisle can complicate estate planning

An estate planning rule of thumb is to review (and, if necessary, revise) one’s estate plan in light of major life events. Such events include a marriage, birth of a child and a divorce. A second marriage also calls for an...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2019: Time passages - Estate planning through the years

Virtually everyone needs an estate plan, but this isn’t a one-size-fits-all proposition. Even though each person’s situation is unique, general guidelines can be drawn depending on one’s current stage of life. This article...more

Stange Law Firm, PC

Things To Do After Completing Your Divorce

Stange Law Firm, PC on

After going through a divorce, many became so consumed about the divorce itself that it’s hard to know where to turn next. For many, it’s hard to finally accept that the divorce itself is done and now it’s time to move on and...more

Fox Rothschild LLP

ASCENDING MOUNT SCARPACI: A Lesson In Intestacy, Taking Against A Will & Getting Divorce Grounds Established

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A Superior Court decision last month by Judges Lazarus, Bowes and Ott reminds divorce practitioners that there are distinctions to be drawn between the rights of intestate surviving spouses and the rights of a surviving...more

Farrell Fritz, P.C.

Lessons to be Learned From the Power of Attorney

Farrell Fritz, P.C. on

Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies...more

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