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Estate Planning › Spouses › Marital Assets

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Lerch, Early & Brewer

Why Do Couples Need Prenuptial Agreements?

Lerch, Early & Brewer on

The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more

Fox Rothschild LLP

Managing Das Haus in a Second Marriage Estate Plan

Fox Rothschild LLP on

So, you have remarried. Perhaps it has been 30 months; maybe 30 years. When you got together the guy/girl moved into your crib. It’s always been titled in your name and it’s the house you got in your divorce from No. 1. Now...more

Kohrman Jackson & Krantz LLP

What You Need to Know About Prenuptial Agreements: Part 2 – Considerations Before Entering into a Prenuptial Agreement

Kohrman Jackson & Krantz LLP on

Prenuptial agreements (or “Prenups” as they tend to be referred to colloquially) tend to have an unfair reputation as a societal matter. Indeed, it’s not uncommon for critics of prenuptial agreements to view them as the most...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

DarrowEverett LLP

Time to Step Up? Florida’s Community Property Trust Act Worth A Look

DarrowEverett LLP on

Unknown to many Floridians, Florida enacted the Community Property Trust Act which went into effect on July 1, 2021, and established the ability to convert non-community property into community property. The community...more

Obermayer Rebmann Maxwell & Hippel LLP

Prenuptial Agreement Series (Part 1): Do I Need a Prenup?

Obermayer Rebmann Maxwell & Hippel LLP on

A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. A common misconception is that prenups are only needed if you are a celebrity or have...more

Kerr Russell

Recently Married? Consider These Steps To Protect Your Future

Kerr Russell on

In Michigan, the process for an individual to take their spouse’s last name is fairly simple, but does require taking action with both the Social Security Administration (SSA) and Michigan Secretary of State. The first...more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

Fox Rothschild LLP on

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

Burns & Levinson LLP

Does My Spouse Have Any Claim to My gifted or Inherited Assets in Our Divorce?

Burns & Levinson LLP on

The answer to this question is: it depends. In general, all assets in either party’s name or in which either party has a beneficial interest at the time of the divorce are subject to division in the overall division of...more

Cole Schotz

Saying “I DO” Again – Top Eight Issues to Consider Before Taking Your Next Trip Down the Aisle

Cole Schotz on

Most people are aware of the statistic that 50% of marriages end in divorce, and the statistics for divorces in second marriages are even higher with a rate of 70%. Often with second marriages, couples will have to address...more

Kohrman Jackson & Krantz LLP

Major Shift in Ohio Law Now Permits Postnuptial Agreements

Kohrman Jackson & Krantz LLP on

In a major shift in Ohio law, Ohio spouses are now legally permitted to enter into postnuptial agreements as of March 23, 2023. After a long history (more than 130 years) of rejecting postnuptial agreements, Ohio joins 48...more

Ward and Smith, P.A.

Whose Business is it Anyway? A Business Succession Case Study

Ward and Smith, P.A. on

Three Ward and Smith attorneys provided an overview of succession planning, estate planning, divorce, and the separation of assets. The seminar — A Business Succession Case Study — used an interactive presentation and a...more

Burns & Levinson LLP

DLM Blog Post – What Not to Do During a Divorce! (2022 Edition) Part II – Financial

Burns & Levinson LLP on

In the second part of this two-part series, you will learn about financial pitfalls to avoid in the divorce process. Experienced divorce counsel can guide you to ensure that financial decisions don’t cost you credibility,...more

Stange Law Firm, PC

Have You Changed Your Beneficiary Designations After Divorce?

Stange Law Firm, PC on

After a party completes their divorce, there are often many things that they need to do to finalize matters. However, one item that many overlook is changing their beneficiary designations after divorce to remove their...more

Burns & Levinson LLP

What Not to Do During a Divorce – Part 1

Burns & Levinson LLP on

A lot of emotions and impulses can arise during a divorce, and it’s critical to avoid any behavior that you may regret– including in the courtroom. What’s at stake? Credibility, time, money, custody, and peace of mind, to...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Haven’t Coordinated Your Estate Plan With Your Spouse

Adler Pollock & Sheehan P.C. on

Estate planning can be complicated enough when you don’t have a spouse. But things can get even trickier for married couples. Although you and your spouse may have agreed on most major issues in the past — such as child...more

Kohrman Jackson & Krantz LLP

Special Considerations For Divorces Involving Middle-Aged And Older Americans: Part 2

Kohrman Jackson & Krantz LLP on

PART 2: DIVISION OF ASSETS AND DEBTS, RETIREMENT BENEFITS, AND ESTATE PLANNING MATTERS - As discussed in Part One of our two-part series detailing the social phenomenon know as “grey” divorce, a number of recent studies,...more

Lowenstein Sandler LLP

The $6 Million Wedding

Lowenstein Sandler LLP on

Prenuptial agreements: A trusts and estates lawyer and a divorce attorney discuss prenuptial agreements to explain why estate planning deals with all parts of your life—not just the end of it. Speakers: Warren Racusin,...more

Proskauer Rose LLP

Wealth Management Update - October 2021

Proskauer Rose LLP on

October 2021 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Federal interest rates increased slightly for October of 2021. The October applicable...more

Burns & Levinson LLP

Altering Estate Plans Before or After Divorce

Burns & Levinson LLP on

In the early stages of this blog, I reviewed and discussed several ways that we could “Learn from Famous Mistakes,” such as failing to update an estate plan post-divorce and dying while in the midst of divorce proceedings....more

Ruder Ware

Protecting Your Inheritance

Ruder Ware on

So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance?...more

Shutts & Bowen LLP

The Importance of Regular Check-ups for a Healthy Estate Plan

Shutts & Bowen LLP on

After creating and implementing a plan for your estate, it is important to regularly revisit your plan to ensure that it is still reflective of your values and goals for passing along your legacy. Seemingly small changes in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Five Fast Facts About Qualified Spousal Trusts

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Qualified Spousal Trust Act (the “Act”) was passed by the Arkansas Legislature during the Spring 2019 Legislative Session. The Act applies to joint revocable trusts created by married individuals prior to or after the...more

Burns & Levinson LLP

What is the Nisi Period?

Burns & Levinson LLP on

According to the Massachusetts divorce statute: Judgments of divorce shall in the first instance be judgments nisi, and shall become absolute after the expiration of ninety days from the entry thereof, unless the court...more

Burns & Levinson LLP

Dealing With Irrevocable Trusts in Divorce

Burns & Levinson LLP on

As you know from my prior posts, I appreciate the interplay between divorce and estate planning. I enjoy working on cases where both worlds collide, and have been fortunate to be involved in some very interesting cases, which...more

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