New York Probate Lawyer Blog
Obtaining a divorce and creating an Estate Plan seem at first to be two separate unrelated activities. However, on more than one level, a divorce or contentious matrimonial situation leads directly to the need for effective planning of an estate and possible probate or estate litigation.
Of course, in a typical marital split, it is essential that property ownership documents such as deeds, financial accounts and retirement funds be amended to reflect the marital split and also comport with property settlement agreements. In this regard, pre-existing Last Wills and Trusts should be reviewed, as well as beneficiary designations, so that a divorced spouse is not named in a way which no longer is desired.
While the above appears to be basic considerations, there are occasions where documents and ownership rights are neglected after a divorce leading to confusion and unwanted results. Equally important is examining the effects of a matrimonial situation before a final resolution. Spouses while still married have certain rights to share in a Decedent’s estate. If a divorce is not final, a disinherited spouse in New York still has a Right of Election to obtain one-third of an estate and certain other property owned by a deceased spouse.
While it seems New York Law is not involved, the same principals appear to have applied regarding the estate of the late actress Shannen Doherty. As reported in an article at elderlawanswers.com on April 7, 2025 entitled “Shannen Doherty’s Estate Planning Amid Divorce”, Ms. Doherty filed for a divorce and signed the paperwork a day before she died. The Court granted the divorce two days after her death. Typically, in New York, the death of a party terminates a divorcee proceeding, thus resulting in a marriage remaining in force along with spousal rights. Since Dougherty’s divorce was recognized to have occurred, the surviving ex-spouse had no legal right to receive estate assets. In New York, a post-death divorce may be recognized in limited situations where the final Court action was merely ministerial and all papers and submissions were just waiting for a Court ruling.
As can be seen from the above, the intersection of matrimonial disharmony, divorce and estate proceedings can be very complicated. It is always a good idea to consult with an experienced estate lawyer while transversing divorces and estate ramifications. I have represented clients in a number of these matters. Also, the filing and prosecuting of Right of Election cases requires careful attention. There are strict time limits for surviving spouses to claim their one-third marital share where a deceased spouse has attempted to disinherit them. The New York Probate Lawyer Blog has many articles regarding estate settlement and spousal rights.
Do you have a question regarding an estate and family rights. I have represented clients in these matters for over 45 years. Call me now for free confidential review of your issue. We offer reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estate Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has questions regarding these matters, please contact me at (212) 355-2575 for initial free consultation.