Death and divorce are two of life’s most traumatic events, and sometimes they collide in ways people don’t expect.
If a person dies during divorce proceedings, their assets may still go to their soon-to-be ex-spouse unless the estate has been properly updated. Many people are surprised to learn that filing for divorce does not remove a spouse’s rights of inheritance. Not automatically, and not without legal action.
As soon as a divorce is filed, the person who filed is legally barred from changing beneficiaries or creating a Trust, and the same applies to their spouse once they’re served. That means any planning to prevent an ex from inheriting must be coordinated carefully and legally between the estate planning and divorce attorneys.
Old divorces also create problems. Years later, I often see ex-spouses still listed as joint owners on real estate or bank accounts—or still named as beneficiaries in estate documents. This creates legal conflicts that require court action to resolve. For example:
Jointly owned property usually passes to the surviving joint owner, even if they’re an ex.
A Will or Trust naming an ex as a beneficiary may be automatically voided—but not always cleanly.
Retirement benefits and pensions often require special orders, like a QDRO (Qualified Domestic Relations Order), and many never get finalized.
If you’re divorced or going through a divorce, don’t assume your estate is protected from going to your ex. If you want to ensure your assets go where you intend, let’s talk.
