Admin

How competitive are you at different Law Schools?

Enter your LSAT and GPA scores and find out!
GPA: out of 4.0
LSAT: out of 180
Legal Forums
Legal Forums
Welcome, Guest
Please Login or Register.    Lost Password?
Re:death before a divorce is final>? (1 viewing) (1) Guest
Go to bottom Post Reply Favoured: 0
TOPIC: Re:death before a divorce is final>?
#7281
LK311 (User)
Expert Boarder
Posts: 112
graphgraph
User Offline
death before a divorce is final>? 7 Years, 1 Month ago Karma: 0  
If one spouse dies before the divorce is complete, will the surviving spouse still be entitled to the deceased spouse's life insurance and retirement assets? State law is Erie PA.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#7286
chris (User)
Senior Boarder
Posts: 52
graphgraph
User Offline
Re:death before a divorce is final>? 7 Years, 1 Month ago Karma: 1  
Usually when there is a petition for a divorce, the court (or the parties) freeze the marital assets so that the parties dont transfer ownership prior to the divorce settlement. In addition, if the parties dont finish the divorce, then the surviving spouse would take the assets. Unless however, the deceased spouse had estate planning documents which dis-inherited the surviving spouse.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#7294
Lex (User)
Expert Boarder
Posts: 112
graphgraph
User Offline
Re:death before a divorce is final>? 7 Years, 1 Month ago Karma: 0  
Most people that "plan" a divorce, change beneficiary designations and re-title accounts before a petition for divorce is filed. However, even if such planning is done, the family law court can undo it and reallocate marital assets. Still, its best to update estate planning documents and change beneficiary designations before the family law court freezes assets.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#7316
Mike Sareta (User)
Junior Boarder
Posts: 36
graphgraph
User Offline
Re:death before a divorce is final>? 7 Years, 1 Month ago Karma: 0  
Pre-divorce planning is crucial. If you die before the divorce is final, then the surviving spouse takes all. The only exception is for assets held in trust (established prior to marriage). If the trust states that a spouse is disinherited if they are separated, an action for divorce is filed or if they are divorced, then that will control the untimate disposition of assets.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#7329
Sumo (User)
Gold Boarder
Posts: 253
graph
User Offline
Re:death before a divorce is final>? 7 Years ago Karma: 5  
I agree with the pre-divorce planning. Most assets can be transferred prior to filing for divorce or even change of beneficiary forms can be used. However, some 401-K change of beneficiary forms requires a spouse's signature if you remove the spouse as a beneficiary.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#7343
Lex (User)
Expert Boarder
Posts: 112
graphgraph
User Offline
Re:death before a divorce is final>? 7 Years ago Karma: 0  
Usually life insurance change of beneficiary forms do not require that a named beneficiary on the policy consent to the owner of the policy changing the named beneficiaries. Whats the harm in changing it? Worst case, the owner/spouse dies and the surviving spouse will have to fight to undue it. If that was me, i would do all that i could to make it difficult for the spouse i am divorcing to reach and take my assets.

Curious: Do they have kids together or children from outside of their marriage?
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
Go to top Post Reply
Powered by FireBoardget the latest posts directly to your desktop

LegalNut Resources

Attorney jobs listings and sites with attorney salary information, attorney job search functions, and salaries by law firm.

Law school rankings show how competitive your lsat scores would be at top law schools in the US.

Law school admissions advice is available both at the LSAT forum and throughout the pre-law section, including LSAT prep options, law school personal statement help, LSAT score distributions and law school bar exam pass rates.

Copyright 2006 - 2018 Rochester Ideas, LLC. All rights reserved.