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Divorce Estate Planning Marriage

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.
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

Obermayer Rebmann Maxwell & Hippel LLP

Prenuptial Agreement Series (Part 2): What Language Should I Have In My Prenup?

A prenuptial agreement, or “prenup”, is a contract or agreement between prospective spouses made in contemplation and advance of marriage. A discussion on the various reasons that a person may wish to enter a prenup before...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

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

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

PreNuptial Agreements in the Age of Great Wealth Transmission.

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Axios published an article this week about what it terms the “growing acceptance” of prenuptial agreements. The sum of the article is based on a Harris poll reporting that 50% of those interviewed support the idea of couples...more

Fox Rothschild LLP

Divorcing the Wealthy is Often a Matter of “Trusts”

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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

Cole Schotz

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

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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

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

Fox Rothschild LLP

Are You Sentencing Your Kids to Years of Litigation? You May Say “No” but Your Estate Plan May Say “Yes.”

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On March 2, 2023 the Family Law Section of the state bar association dropped a podcast hosted by my partner Aaron Weems with an estate lawyer, Mary Kay Kelm. It covered a broad range of topics including diminishing capacity...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

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

Kohrman Jackson & Krantz LLP

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

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

Lowndes

Protecting Your Inheritance with a Prenuptial Agreement

Lowndes on

When you're planning a wedding, discussing a prenuptial agreement with your soon-to-be spouse may not seem exciting or may even feel uncomfortable. Yet, no one knows what the future holds, and a prenuptial agreement can...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

Fox Rothschild LLP

CONVEYANCES OF MARITAL PROPERTY INTO TRUSTS Superior Court Holds Such Gifts May Be Fraudulent

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The Superior Court issued a non precedential decision on September 21 grappling with a question that has lingered since Pennsylvania adopted equitable distribution forty years ago. What happens to transfers of marital assets...more

Burns & Levinson LLP

Top Six Things to Consider When Planning for Blended Families

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The increase in divorce rates in the U.S. has resulted in a greater number of blended families. Blended families tend to give rise to unique estate planning circumstances and opportunities. The following should be considered...more

Burns & Levinson LLP

Planning Considerations for Same-Sex Spouses in the Event of Divorce or Death

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Marriage has always been governed by state law, and it is only in very recent history that select states began revising their definitions of marriage to acknowledge the rights of all couples to be married. While Massachusetts...more

Lasher Holzapfel Sperry & Ebberson PLLC

Seven Things To Do Before Announcing Your Intent To Divorce

Your divorce can be one of the most important business decisions that you make in your lifetime. Whether you have years of employment ahead, have stayed home to support the household, or are nearing retirement, a divorce is a...more

Lewitt Hackman

I Expect an Inheritance: Do I Really Need a Prenuptial Agreement?

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YES! If you don’t have a prenuptial agreement the California Family Code applies. You might as well familiarize yourself with California law and decide whether you want to opt out via a prenuptial agreement....more

Burns & Levinson LLP

Planning Around Your Child’s Partner

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We all love our in-laws, right? (wink, wink) Shielding your hard-earned assets from a child’s spouse in the event of divorce is a critical component of your estate plan. Perhaps you love your son-in-law, but would prefer to...more

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