Divorce in itself can be complicated and full of legal hurdles. However, what happens when a spouse dies during divorce? Or when a will isn’t changed after divorce?
Different states view this situation differently because the laws in each state are not the same. For one thing, some states require long waiting periods before a divorce is final, even though the final decree has been submitted.
At C.E. Borman & Associates, our experienced team of Bryan, Texas family law attorneys has helped countless clients navigate complex family law cases across Texas. Understanding these issues is crucial to protecting your rights and ensuring a fair resolution.
Precedent Set by Pollard v. Pollard
In Texas, the case Pollard v. Pollard set a precedent for the situation of a spouse’s death before a divorce was finalized.
In this case, the wife died while the appellate court was hearing the divorce case. The case had dragged on for close to nine years with the divorce going back and forth. The Court of Appeals Texas, Fifth District in Dallas gave its final ruling on June 15, 2010. The court ruled that, despite the length of the case, since no final divorce had been granted, the parties were married at the time of the decedent spouse’s death.
The surviving spouse was a beneficiary or heir to the deceased wife’s estate. The probate court had jurisdiction to determine property distribution based on any estate planning documents the couple had or intestate laws if no estate planning existed.
This ruling shows how important it is to fully understand the legal implications of a spouse’s death during divorce. Without a final divorce decree, marital rights remain intact, potentially leading to unexpected outcomes for the surviving spouse and other family members.
When Divorce Is Final but a Will or Trust Isn’t Changed
Had the couple’s divorce been final, but a will or trust still existed that neither party changed, the estate would have fallen under a Texas statute, Treatment of Decedent’s Former Spouse.
This statute states that a person is not a surviving spouse of a decedent if the person’s marriage has been dissolved by divorce, annulment, or a declaration that the marriage is void. In this situation, the surviving spouse would have no rights to the estate.
However, complications can arise if other estate planning documents, such as beneficiary designations on retirement accounts or life insurance policies, are not updated. These documents often take precedence over state law unless explicitly changed.
This highlights the importance of reviewing and updating all financial and legal documents after a divorce to ensure that your assets are distributed according to your and your ex-spouse’s wishes.
Key Considerations for Protecting Your Assets During and After Divorce
Whether you are in the midst of divorce proceedings or have finalized your divorce, it’s essential to take proactive steps to protect your assets and ensure that your wishes are honored. Here are some key considerations:
- Update Estate Planning Documents: Ensure that your will, trust, powers of attorney, and healthcare directives reflect your current intentions.
- Review Beneficiary Designations: Check and update the beneficiaries on all financial accounts, retirement plans, and life insurance policies.
- Consider a Post-Divorce Financial Plan: Work with a financial advisor to create a plan that aligns with your new circumstances and goals.
- Understand Your Rights: Consult with an attorney to understand how state laws may affect your marital rights, especially if divorce proceedings are ongoing or if your ex-spouse passes away.
Why You Need a Bryan, Texas Family Law Attorney
Navigating the legal complexities of divorce and estate planning can be overwhelming, especially when unexpected events, such as the death of a spouse, occur. A knowledgeable family law attorney can help you:
- Understand how state laws apply to your unique situation
- Advocate for your rights during divorce proceedings
- Ensure that your estate planning documents are properly updated to reflect your wishes
At C.E. Borman & Associates, we are committed to providing clear, compassionate, and effective guidance for clients facing challenging family law issues in Texas. No matter where you’re at in the divorce process, our team is here to help.
Contact the Divorce and Family Law Lawyers at C.E. Borman & Associates
If you have legal concerns related to divorce, contact C.E. Borman & Associates. Our Bryan, Texas-based team is here to answer your questions and provide the support you need to navigate these complex situations.
Schedule a consultation today to discuss your case and learn how we can help protect your rights.
