• Menu
  • Skip to right header navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call for a consultation  (770) 933-9009

  • Facebook
  • Google+
  • LinkedIn

Brian Douglas Law

Just another WordPress site

  • Home
  • About Us
    • Attorney Profile
      • Attorney Brian M. Douglas
      • Attorney Amber N. Brantley
    • In The Media
    • Review Us
    • Giving Back
  • Estate Planning
    • Estate Planning
    • Estate Planning FAQs
    • Estate Planning FAQs (Videos)
  • Probate
    • Probate
    • Wills And Probate (Videos)
  • Becoming A Client
    • Request A Consultation
    • EPIC Protection Planning Session
    • Client Questionnaire
  • Testimonials
    • What Clients Say
    • What Attorneys Say
    • Business Reviews
  • For Advisors
  • Blog
  • Contact
  • Home
  • About Us
    • Attorney Profile
      • Attorney Brian M. Douglas
      • Attorney Amber N. Brantley
    • In The Media
    • Review Us
    • Giving Back
  • Estate Planning
    • Estate Planning
    • Estate Planning FAQs
    • Estate Planning FAQs (Videos)
  • Probate
    • Probate
    • Wills And Probate (Videos)
  • Becoming A Client
    • Request A Consultation
    • EPIC Protection Planning Session
    • Client Questionnaire
  • Testimonials
    • What Clients Say
    • What Attorneys Say
    • Business Reviews
  • For Advisors
  • Blog
  • Contact

Mobile Menu

Schedule A Free Consultation Now!

Find out how our law firm can help you win your case or you don’t pay a cent.

(800) 555-2840

  • Facebook
  • Google+
  • LinkedIn
You are here: Home / Estate Planning / Other Issues to Consider in Estate Planning and Divorce

Other Issues to Consider in Estate Planning and Divorce

What Happens to Your Estate If You Pass Away During a Divorce?

If you are in the process of getting a divorce and haven’t changed your estate plan that lists your soon-to-be-ex-spouse (or pass away without a will or trust), you run the risk of them inheriting from your estate because you’re still legally married. The law presumes that you’re married because there has been no official divorce decree made, the law basically assumes your intentions at the time you died because you hadn’t changed your estate plan.

Short of actually taking action and doing some planning, you are at the mercy of whatever planning exists at the time of your passing. Or if there is no estate planning in place your estate will be distributed according to intestate laws which would provide a portion of your estate to your soon-to-be-ex-spouse. Because in the eyes of the law without a final divorce decree you are still legally married.

What Are the Advantages of Consulting with an Estate Planning Attorney During the Process of Divorce?

There are a number of advantages that can be derived from consulting with an estate planning attorney during the divorce process. Once you have made the decision to move forward with a divorce it is important to plan ahead. If you start early on this, you’re getting a head start on something that you would inevitably have to do once your divorce is finalized. The tangible benefits that go along with revising your estate plan before the divorce process begins is that you’re protected if something was to happen during the divorce (which could take years depending on your situation). As unlikely as it may seem that something may happen to you, there is always a chance. For these reasons, our firm always recommends updating your estate plan when going through a divorce.

Read about some Other Issues to Consider in Estate Planning and Divorce, or call the law office of Brian M. Douglas for an initial consultation at (770) 933-9009 and get the information and legal answers you’re seeking.

    Related Articles

  • What Do I Need to Know About Estate Planning and Divorce?
  • What to Consider in Estate Planning and Divorce?
  • Revising Your Estate Plan While Going Through a Divorce

Primary Sidebar

Schedule A Consultation!

Schedule a consultation today. Let us know how we can help.

SCHEDULE A CONSULTATION

RECENT POSTS

Understanding the 2019 Gift Tax Exemption

It’s the holiday season, which means that many of us will soon …

High Profile Atlanta Trust Case Highlights Issues in Estate Planning

Image by Atlanta Journal Constitution   After nine …

Discussing Estate Plans Over the Holidays

If you’ve been meaning to talk to your parents about their …

Can My In-Law Be My Executor?

When someone is drafting their estate planning documents, he or …

Charitable Contributions Under the Tax Cuts and Jobs Act

The Tax Cuts and Jobs Act, an overhaul of the US tax code, took …

Footer

Contact Us

Contact our office today. Our attorneys are ready to help you.
Learn How →

Our Law Office

Brian M. Douglas & Associates
(770) 933-9009

900 Circle 75 Parkway SE
Suite 800
Atlanta, GA 30339

Copyright © 2019 Brian Douglas Law · All Rights Reserved · Powered by Mai Theme