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Spouses Divorce Estate Planning

Lerch, Early & Brewer

Why Do Couples Need Prenuptial Agreements?

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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

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

Lasher Holzapfel Sperry & Ebberson PLLC

Importance of Beneficiary Designations in Estate Planning

As a bit of background, there is a distinction between probate assets and non-probate assets. Probate assets are distributed according to your will during a probate administration whereas non-probate assets are distributed...more

Kohrman Jackson & Krantz LLP

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

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

Obermayer Rebmann Maxwell & Hippel LLP

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

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

Winstead PC

Colorado Case Holds That A Beneficiary’s Lifestyle Is Judged At The Time That The Settlor Dies Or When The Trust Becomes...

Winstead PC on

In Reece Trust v. Reece, a husband created a trust for his wife, and they then began divorce proceedings. No. 22CA1393, 2023 COA 89, 2023 Colo. App. LEXIS 1456 (Colo. App. September 28, 2023)....more

Stark & Stark

The Crucial Importance of Updating Documents After Divorce

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Divorce can be a challenging and emotionally draining experience, leaving individuals with numerous legal and personal matters to resolve. Amidst all the turmoil, it is vital for people to understand the significance of...more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

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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

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

Lowenstein Sandler LLP

The Sad Tale of Hubby and Lovey: Preparing One’s Estate for the Possibility of Divorce

Lowenstein Sandler LLP on

In this episode of “Splitting Heirs,” Warren K. Racusin, partner and Chair of Lowenstein’s Trusts & Estates practice, speaks with Sharon L. Klein, EVP, President - Family Wealth, Eastern U.S. Region & Head of National Divorce...more

McGuireWoods LLP

Once Removed Episode 12: SLATs and the Case of McKim vs. McKim

McGuireWoods LLP on

Steve Murphy, chair of the private wealth services group, dives deeper into the subject of SLATs in this episode. SLATs can work well with estate tax benefits and creditor protection benefits, all while giving the spouse...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

Winstead PC

Trust Issues in Divorce Proceedings - Presentation - May 2023

Winstead PC on

David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - May 2023

Goulston & Storrs PC on

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...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

Rivkin Radler LLP

Estate planning for the second marriage: Protecting the kids

Rivkin Radler LLP on

What is one of the things that kids from a first marriage worry about when their parent re-marries? The “evil” step-parent getting it all, of course. Many parents struggle with the problem of alleviating the fears of their...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

5 Considerations When Remarrying After a Divorce

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After going through a divorce, particularly a difficult one, some people plan never to remarry. For others, remarriage may feel like the fresh start they need and the chance to try again after it didn’t work out the first...more

Burns & Levinson LLP

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

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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?

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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

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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

Lowenstein Sandler LLP

Five Points to Consider Before You Tie the Knot

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Contrary to popular belief, truly effective estate planning entails all parts of your life, not just the end of it. The process requires reflection on deeply held beliefs about what is important to you, your expectations for...more

Winstead PC

[Webinar] Financial Services - Trust Issues In Divorce Proceedings - May 24th, 10:00 am - 11:00 am CT

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This presentation covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s...more

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