179: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert discuss critical estate planning considerations during divorce proceedings. They explore what happens if someone becomes incapacitated or dies while their divorce is still pending, revealing potentially unwelcome consequences if proper planning isn't in place. The discussion highlights how existing estate plans typically name a spouse as the primary decision-maker and beneficiary—a designation most divorcing individuals would want to change immediately. Without written estate plans, the situation becomes even more complicated, potentially requiring expensive and contentious conservatorship proceedings for incapacity or following intestacy laws upon death that would likely favor the soon-to-be ex-spouse. This episode, part one of a two-part series, emphasizes that you remain legally married until a judge finalizes your divorce, meaning all existing estate planning designations remain in effect unless proactively changed.

 

Time-stamped Show Notes:

0:00 Introduction

2:10 What happens if you become incapacitated during divorce with a written estate plan

2:52 The consequences of becoming incapacitated without a written estate plan during divorce

3:28 Brief explanation of the conservatorship process and why it should be avoided

5:03 What happens if you die before your divorce is finalized

5:12 Death without a written estate plan during divorce: intestacy and its complications

6:29 How existing written estate plans remain in effect until the divorce is finalized

6:48 The bottom line: You remain legally married until a judge says otherwise