Breakout Session

Death & Divorce: When Bad goes to Worse

Level of Complexity: Intermediate

Speaker(s)

• 

  Mark Prendergast, CPA, CFP®, CDFA

  Director of Tax Strategies
  Inspired Financial
• 

  Curtis Kaiser, JD/MBA

  Attorney
  Kaiser Law Group
• 

  Janet Dockstader

  Partner
  Dockstader Orliczky

With the increase in Gray Divorce (age 50+), the risk of death during the divorce process has a higher probability than a younger couple. Estate documents should be reviewed during the divorce to explore unintended consequences. We will examine types of assets, titling of assets, and various outcomes should a spouse dies during divorce vs. after divorce. We will address the "automatic temporary restraining orders" (ATROs) that go into effect once the first party files for divorce, discuss specific prohibited actions and then focus on effective estate planning strategies that are allowed--which is where the planning happens!

Learning Objectives:

• Recognize some of the unintended consequences if a spouse dies during the divorce process, and which court (family law vs. probate) will have jurisdiction over the assets.
• Identify estate planning techniques that are allowed during divorce; and those that are prohibited.
• Determine effective planning techniques to protect a client's desired estate outcome, and to influence which court (family law vs. probate) will handle the disposition of the assets.