Divorce, Estate Planning, Surviving Spouse

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

Fox Rothschild LLP on 1/19/2024

Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

Divorce Ambivalence Can Come at a Hefty Price

Fox Rothschild LLP on 10/16/2023

When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

Divorcing the Wealthy is Often a Matter of “Trusts”

Fox Rothschild LLP on 7/27/2023

I received a call recently from a colleague looking to refer a client for a divorce. Our firm had done estate planning for the client and spouse, thus we were not eligible to represent either party in a marital break up as...more

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

Fox Rothschild LLP on 9/22/2022

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

The Challenge Of Finding Admissible Evidence In Abandonment Proceedings

Farrell Fritz, P.C. on 4/25/2022

Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective share, particularly when there are claims of abandonment. Under EPTL § 5-1.1-A(a), “a...more

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

Lowndes on 5/26/2021

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

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

Holland & Hart LLP on 1/28/2020

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

Why You Need a Trust

Burns & Levinson LLP on 9/27/2019

People often ask “Why do I need a trust?” Some folks think they can get by with a simple will. Here is why you probably need more than that...more

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

Adler Pollock & Sheehan P.C. on 4/4/2019

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

’Till Death [And Divorce] Do Us Part

Farrell Fritz, P.C. on 8/29/2018

The Surviving Spouse’s Right of Election vs. A Former Spouse’s Rights in the Decedent’s Estate under a Separation Agreement - Spousal separation agreements sometimes provide for one party to make a provision in his or her...more

Planning ahead after a divorce

Adler Pollock & Sheehan P.C. on 10/6/2017

For those in the middle of a divorce, the last thing on their mind is a review of their estate plan. However, a major life change, such as a divorce, is a critical time to update an estate plan so that wishes are carried out...more

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

McGuireWoods LLP on 7/9/2015

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

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