News & Analysis as of

Spouses Life Insurance

Dickinson Wright

The Hazards of Not Changing Beneficiaries Post-Divorce

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A recent case by the Tennessee Court of Appeals highlights the importance of changing one’s insurance and retirement policy beneficiaries after divorce. This is true no matter what the divorce documents say and no matter what...more

Pullman & Comley, LLC

Common Questions About the Automatic Orders in Divorce

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When you are going through a divorce, one of the first documents you will review (and if you have not, you should) are the automatic orders that accompany any complaint. ...more

Bowditch & Dewey

Remember to Adjust Your Estate Plan During or After a Divorce

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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

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

Warner Norcross + Judd

Does a Declaration of Trust Ownership Convert a Beneficiary Designation to a Trust Asset?

In the recent case of Schaddelee as Cotrustee of Ronald Schaddelee Irrevocable Trust v. Deleon as Cotrustee of Ronald Schaddelee Irrevocable Trust, 2023 WL 4143639 (Mich Ct App Jun 22, 2023) (unpublished), the Michigan Court...more

Weber Gallagher Simpson Stapleton Fires &...

Changes in the Pennsylvania Divorce Code

An important change to the Divorce Code will have a significant impact on contractual beneficiary designations effective May 2, 2023. Section 3323 has been amended to add subparagraph (b.1) which provides in part, “[a]n order...more

Fox Rothschild LLP

Is the Prenuptial Agreement Signed After The Wedding Really A Prenuptial Agreement?

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I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack of time, fear/cowardice, not having your act together, or any...more

Fox Rothschild LLP

Appellate Division Gives Guidance Regarding Life Insurance To Secure Alimony

Fox Rothschild LLP on

Yesterday, I blogged on the S.W. v. G.M. case in a post entitled More from the Appellate Division on Lifestyle, Foulas and the Concept of Income Equalization. In that blog, I noted that the S.W. court also addressed the...more

Carlton Fields

Intentional Killing a Grave Mistake Under Slayer Statutes

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Recent decisions provide worthwhile guidance for insurers handling slayer claims. According to traditional inheritance law, a “slayer” is one who intentionally kills, or conspires to kill, feloniously or unjustifiably,...more

White and Williams LLP

Third Circuit Clarifies Intent Requirement for Suicide Exclusion in Life Insurance Policies Under New Jersey Law

White and Williams LLP on

On September 18, 2019, the U.S. Court of Appeals for the Third Circuit issued an opinion in Arena v. Riversource Life Insurance Company, 2019 U.S. App. LEXIS 28052 (3d Cir. Sep. 18, 2019) (non-precedential), affirming the...more

BCLP

US/UK tax series: Estate planning issues for US/UK couples

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If you are a US citizen and your spouse or civil partner is not you need to ensure you have appropriate estate planning in place to avoid your heirs getting an unexpected tax bill following your death. In this guide we...more

Holland & Hart LLP

In re Estate of Feldman

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The Colorado Supreme Court published an opinion this summer involving what is commonly referred to as the “slayer statute.” In re Estate of Feldman, 443 P.3d 66 (Colo. 2019). The slayer statute, Colo. Rev. Stat. §...more

Blank Rome LLP

Until Death Do Us Part

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At the altar, you make hopeful and sincere vows to love and cherish each other until death do you part. Your goals for your long and successful marriage include many milestones: opening your first joint savings account,...more

Dickinson Wright

Surprise! A QDRO Can Apply to a Welfare Benefit Plan

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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

Kilpatrick

Court Requires Employer to Pay Dependent Life Insurance Benefits

Kilpatrick on

A recent United States District Court opinion highlights the importance of providing summary plan descriptions and certificates of coverage for insured benefits. Discussion - In this case, the employee enrolled her lawful...more

Hogan Lovells

South Africa: What’s yours is mine and what’s mine is mine

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In Naidoo v Discovery Life Limited & others (202/20170) ZASCA 88 (31 May 2018) the Supreme Court of Appeal was faced with the main task of determining whether a risk-only policy with a beneficiary clause constitutes an asset...more

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