DIVORCE COMPLICATIONS IN ESTATES AND ESTATE PLANNING: TOGETHER WITH THE UNRAVELING OF COMMON PROVISIONS FOR THE FORMER SPOUSE
By Thomas B. Garrett*
All too often when a divorce occurs, the terrific, cutting-edge estate planning for the married couple takes on a different complexion. The consideration shifts to unraveling the plan, or separating the interests of the husband and wife.
If the estate planning was straightforward, such as a tax sensitive revocable trust with pour-over wills, undoing the plan may not be difficult. Similarly, when the spouses hold certain assets in joint tenancy, or have designated each other as the beneficiary of insurance, annuities, and retirement plan benefits, the elimination of the former spouse after the dissolution typically is easily accomplished.