Estate plans prepared for married couples will vary in complexity and detail but generally follow the same theme: The revocable trust or will typically provides that upon the death of the first spouse, the surviving spouse will not only serve as trustee and executor, but will also receive most if not all of the deceased spouse’s assets. The surviving spouse’s family may also play an important role in the documents as successor trustees, executors, guardians for minor children, and/or contingent beneficiaries.

With rare exception, this is the exact opposite of what either spouse intends once divorce is contemplated or initiated. Consequently, it is never too early in the divorce process for a client to review and revise his or her trust and will.

 

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