Estate Planning in Divorce

District of Columbia Estate Planning in Divorce

Estate planning is not often foremost in people’s minds when they are in the midst of a divorce. Nevertheless, divorce is a major life event that should trigger a review and possible revision of the estate plan. At Antonoplos and Associates, our family and matrimonial law attorneys provide comprehensive advice and representation in your divorce or other family law matter, including making sure that aspects of your estate plan impacted by your divorce are properly adjusted in accordance with your needs and wishes.

Prenuptial Agreements can Address Inheritance Rights

Another intersection between the fields of estate planning and family law occurs in the area of prenuptial agreements. One of the topics frequently covered in prenuptial or premarital agreements is the protection of inheritance rights. One example is the case where one party to a marriage already has children from a previous marriage and wishes to protect the rights of those children to inherit, despite the fact that the new spouse would typically acquire inheritance rights superior to those of the children. Another instance deals with property division. Normally, a person cannot bequeath more than one-half of the community property, unless a prenuptial agreement or other marital agreement provides otherwise. Whether it is a prenuptial agreement or a post-nuptial agreement our estate planning attorneys are familiar with the provisions you want to have in your estate plan to protect your assets.

There are many different ways the parties may want to address the issue of inheritance, and the legal ramifications of how this is done can be complicated. Attorneys at Antonoplos & Associates can advise you on your options and the consequences of different prenuptial provisions on your estate plan, and negotiate and draft your agreement according to your wishes. Estate planning in a divorce does not need to be complicated. Our estate planning attorneys can take the mystery and worry out of planning your estate after a divorce.

All Estate Planning Documents should be Reviewed after Divorce

Divorcing couples needing to divide a large marital estate likely have thorough and complicated estate plans as well, and all estate planning documents should be reviewed after divorce to see if they need to be revised. Heirs and beneficiaries named in wills and trusts may need to be changed, and it may be necessary to revise the way in which classes of heirs and beneficiaries are created or defined. Additionally, there may be a host of other documents and estate planning tools that need to be reviewed, such as insurance policies, pension plans, and any other benefits with named beneficiaries. Attorneys from Antonoplos & Associates will help ensure that your divorce does not have any unintended consequences on your estate plan and that documents are revised accordingly.

We encourage you to call us at 202-803-5676 or directly schedule your free, no-risk consultation with one of our skilled attorneys today.