Planning through an older clients' changing marital status.

The divorce and remarriage or subsequent cohabitation of a client raises various estate-planning issues. During the separation and divorce, the client should have a durable power of attorney and account for the possibility of dying before the divorce is final. After it is, all estate documents should be reviewed. Remarriage can generate conflicting goals of providing for the new spouse as well as children from the prior marriage. Pre-nuptial agreements and cohabitation of older clients are also explored.
Estate planning considerations are important when representing an older client in the situation of a divorce or remarriage. An older person is likely to need thorough estate planning in any [...]
SIGNIFICANT ESTATE PLANNING ISSUES can arise when older clients divorce or remarry. This article will discuss and give planning recommendations on commonly occurring estate planning issues which can arise in four different situations relating to an older client's divorce or remarriage: (1) the period of separation and pendency of the divorce action; (2) the time immediately following divorce; (3) remarriage following divorce or other termination of a prior marriage; and (4) co-habitation of an older couple who do not formally marry.