The transition period between marriage and divorce poses particular challenges regarding trusts and wills. A recently divorced spouse, or a couple in the midst of divorce proceedings, may wonder what rights they have to their spouse’s estate. The status of divorce proceedings matters for probate assets.
Can I Remain a Beneficiary or Fiduciary If My Divorced Spouse Dies?
Ideally, a testator will amend their will before they file for divorce. Many states prohibit spouses from changing their wills and beneficiary designations while a divorce is pending. However, it is all too common for testators to delay making those critical changes. Failure to keep documents up-to-date can lead to complications if the testator dies suddenly.
In Georgia, unless documents are updated after the divorce the stating otherwise, a divorced spouse will not inherit under their former spouse’s will. The answer is usually different from assets passing outside of a will, such as life insurance.
If your former spouse is the trustee of your trust, they will remain so unless they resign or are removed.
Can I Remain a Beneficiary or Fiduciary If My Spouse Dies While a Divorce is Pending?
If a spouse dies while a divorce is pending, Georgia courts treat the couple as married, and the spouse will inherit just as they would have if the divorce proceeding had not been filed. The divorce matter will be dismissed as moot.
Of course, if the parties had a pre or post nuptial agreement stating otherwise, the agreement will generally control how to move forward.
Considering the emotional toll of divorce, it is common for family disputes to arise when a spouse passes away while a divorce is pending. It may be best for family members involved in a probate process to pursue professional council to navigate these complications.
Premier Estate Litigators in the State of Georgia
If you find yourself in an estate dispute, Gaslowitz Frankel LLC are experts in estate litigation. When you contact our law office at 404.892.9797, you’ll be in touch with the premier fiduciary litigators for the state of Georgia.
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Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
