Client Testimonials

Brian Douglas hosted an Estate Planning Event for my firm. His delivery was smooth and easy to understand. My clients all agree, it’s the best seminar we have had. Brian has since been working with ...."


Brian Douglas asked the right questions and was not afraid to question the answers. His recommendations were timely, thorough, and well written. His professional demeanor and communication is ...."


Brian Douglas and assoc. have been amazing!! They have held my hand thru some tough decisions and have really gotten things done in a timely matter. I recommend them to all my friend ....”


In my business I have worked with many attorneys over the years. I had gotten to the point where I only had a few really good attorneys that I worked with and couldn’t have been happier. That ...."

Kevin Gilmore


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.

Get your questions answered - Feel free to call us for consultation (770) 933-9009

Atlanta, GA Estate Planning Attorney, Brian M. Douglas, assists clients in all areas of life & wealth planning. Services provided include estate planning, trusts and estates, planning wills and trusts, power of attorney, probate and trust administration, small business law, corporate law, real estate transactions and law, long-term care and Medicaid, veterans benefits, charitable planning, special needs and disability planning, estate tax planning, business succession planning, Medicaid crisis planning, and asset protection. Brian M. Douglas serves all of Atlanta, Georgia, along with Cobb County, Cherokee County, Fulton County, Forsyth County, Dekalb County, Gwinnett County, and Douglas County.