ESTATE PLANNING ISSUES FOLLOWING DIVORCE (PART 4 OF 4)

The emotional turmoil of divorce can be overwhelm­ing or liberating depending on ones perspec­tive. While it is commendable and responsible for families to do estate planning, there are some issues to be considered following divorce.

You also do not want to leave your children in a position to be disinherited should your ex-spouse re-marry following the divorce.

Divorce does not need to cause future legal problems.

Re-marriage 

Do you or your ex-spouse have a significant other in your life, and want to remarry?  This situation could result in a parent unintentionally disinheriting existing children. Without legal documentation to indicate otherwise, a spouse is generally entitled to one-half of the deceased spouse’s estate. The second spouse may not be the caretaker of the children from a former marriage, particularly if another guardian has been named, yet he or she has received half of the assets intended to provide for them.

A divorced parent may typically desire to leave assets to care for BOTH the new spouse and their children from a former marriage. In such a situation, the parent should sit down with a financial advi­sor and an estate planning attorney to assess the options. An easy solution is the use of additional life insurance to assist the parent in his or her wishes to provide for both the minor children and the new spouse. Term insurance can be a low-cost solution to provide these benefits until the children reach adulthood, assuming the parent is insur­able.

Should you want to speak with an estate family attorney to discuss a personalize estate plan for your life after divorce, contact Attorney Melissa O’Connor at:

Call:  954-637-1300
Email:  melissa@oconnorelderlaw.com