If you are thinking about getting a divorce, make sure that your assets go where you want. Imagine: You are in the middle of a divorce, but before the divorce is finalized, you pass away. Your widowed spouse is still, by law, your spouse, and therefore your primary heir. All of your property could now be theirs, no strings attached.
Now imagine your widowed spouse marries someone else, but your spouse passes away before that person. Their new partner become their primary heir, and again, your spouse’s estate (including all of your property that flowed to him or her) now belongs to that person.
Did you notice who was never mentioned here? What about YOUR CHILDREN? Your children could very well get nothing from you, in the above scenario, if you do not have any planning in place.
Additionally, what would happen if you were injured in a serious accident and left unable to make your own decisions during your divorce, or at a time when you were considering divorce?
Is the spouse you no longer want to remain married to the person you want making all of your important health care and financial decisions?
These scenarios may seem farfetched, but it is more common than you think. We have handled numerous cases for individuals who pass away or become incapacitated during their divorce, and it can be very difficult for the other family members to understand the legal mess that is presented.
From the outside, it seems obvious in some cases that an individual’s intent is contrary to what the law holds. But intent is not a strong foundation on which to rely. Plans and properly executed documents are far better in securing you and your family in the future.
If you are currently going through a divorce, or considering filing for a divorce in the future, it is vital that you create a plan now, rather than waiting until it’s too late. Please feel free to call us for your confidential consultation.