The recent tragic deaths of Kate Spade and Anthony Bourdain had more in common than how they died. They were both separated from their spouses at the time of their deaths. While by all accounts these separations were amicable, the fact that they were not legally divorced can lead to a host of estate planning issues.
When spouses decide to divorce, the usual framework is a process involving attorneys and the court system. But as modern family life is complex, it is becoming more common for spouses to remain permanently separated yet not divorced. It’s a state of gray that many feel comfortable in. Unfortunately for both family law and estate law, it’s a hard place to be.
Note from Fields and Dennis: Please Refer Below for Information Related to Massachusetts
Separation or Divorce: What Happens to Durable Powers of Attorney Upon Death?
Separation or Divorce: What Happens to Joint Checking and Brokerage Accounts Upon Death?
Separation or Divorce: What Happens to Life Insurance Proceeds upon Death?
Separation or Divorce: What Happens to Medical Directives upon Death?
Separation or Divorce: What Happens to Retirement Accounts Upon Death?
Separation or Divorce: What Happens to Wills, Trusts, and Statutory Shares Upon Death?