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Divorce Beneficiary Designations

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.
Jaburg Wilk

Navigating Divorce in Arizona: Why You Shouldn’t Ignore Your Estate Plan

Jaburg Wilk on

Divorce is an emotional and complex process, but one important aspect that often gets overlooked is your estate plan. If you don’t update it, your estranged spouse could still inherit your assets or make crucial financial and...more

Ward and Smith, P.A.

Securing Your Legacy: How Marital Estate Rights and Divorce Impact Your Estate Plan

Ward and Smith, P.A. on

Marital estate rights create the potential for catastrophic consequences should a spouse pass away at a time when the parties are physically separated but have not yet signed a separation agreement or been granted a divorce....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

Stark & Stark

The Crucial Importance of Updating Documents After Divorce

Stark & Stark on

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

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

Fox Rothschild LLP

Divorcing the Wealthy is Often a Matter of “Trusts”

Fox Rothschild LLP on

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

Lasher Holzapfel Sperry & Ebberson PLLC

When Do I Need an Estate Plan?

One of the most common questions we receive in our Estate Planning practice is “when do I need a personalized estate plan?” While there are many factors to consider, you will want a personalized estate plan when there is a...more

Parker Poe Adams & Bernstein LLP

Breaking Up Assets: The Importance of Beneficiary Designations in Estate Planning after Divorce

​​​​​​​Beneficiary designations are a critical component of the estate planning process that often is not given proper attention. Beneficiary designations exist as part of certain financial and other asset ownership...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

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

Cohen Seglias Pallas Greenhall & Furman PC

Did You Know Your Ex Could Get Your Inheritance?

As an attorney who prepares comprehensive estate plans and administers wills and trusts after death, I see questions arise at all phases as to who beneficiaries of accounts are and who they should be in a comprehensive estate...more

Lowenstein Sandler LLP

Five Points to Consider Before You Tie the Knot

Lowenstein Sandler LLP on

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

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

Jaburg Wilk

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

Jaburg Wilk on

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

Dickinson Wright

Surprise! A QDRO Can Apply to a Welfare Benefit Plan

Dickinson Wright on

Most plan administrators are familiar with a qualified domestic relations order or “QDRO,” which is used to split retirement plan benefits between a plan participant and an alternate payee, such as an ex-spouse or minor...more

Snell & Wilmer

A Quick Reminder: Three Best Practices for Beneficiary Designations

Snell & Wilmer on

Three best practices for plan administration that often fall by the wayside include: (1) regularly reminding participants to review and update their beneficiary designations; (2) checking recordkeeping practices to avoid loss...more

Jaburg Wilk

Why Beneficiary Designations Should be Updated After Divorce

Jaburg Wilk on

While in the process of divorcing, your attorney will remind you that you cannot change beneficiary designations on your accounts until the divorce is finalized. It is not uncommon to want to put the divorce out of your...more

Nossaman LLP

US Supreme Court Applies Long-Standing Contracts Clause Analysis To Uphold Statutory Change To Insurance Contracts

Nossaman LLP on

The United States Constitution provides that “[n]o state shall … pass any … Law impairing the Obligation of Contracts.” (U.S. Constit., Art. I, § 10.) Alongside state constitutional guarantees, the federal Contracts Clause...more

Robinson+Cole Class Actions Insider

Sveen v. Melin: Supreme Court Speaks On the Contracts Clause

After a decades-long drought, the Supreme Court recently decided a case involving the Contracts Clause of the Constitution. You might not recall that provision because it is so rarely invoked in modern-day litigation (due to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sveen v. Melin

On June 11, 2018, the Supreme Court of the United States decided Sveen v. Melin, No. 16-1432, holding that the retroactive application of a Minnesota statute that revokes spousal beneficiary designations in insurance policies...more

Saul Ewing LLP

Recent Pennsylvania Superior Court Case Addresses the Messy Business of Divorce, Postnuptial Agreements and Death

Saul Ewing LLP on

A woman who dropped divorce proceedings three days after her husband died is entitled to the proceeds from his insurance policy but cannot claim his pension benefits, according to a recent Pennsylvania Superior Court ruling...more

Lewitt Hackman

Accidental Disinheritance: Update Wills, Estate Plans Annually

Lewitt Hackman on

So you have an estate plan? Good for you. You funded it? Even better. But have you updated it and your will in the last year? If you haven’t, your loved ones or favorite charities may be in for an unpleasant surprise. Your...more

Carlton Fields

Update Beneficiary Designations After Divorce or Annulment

Carlton Fields on

On July 1, 2015, the Florida Fourth District Court of Appeal held, with a few exceptions, upon entry of a final judgment of dissolution or annulment, any provision of a will that “affects” a former spouse is void under...more

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