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Reinstating an Ex-Spouse in Your Estate Plan
As previously discussed in Patricia Malley’s post “Estate Planning After Divorce”, the Massachusetts Uniform Probate Code (“MUPC”) automatically removes a former spouse – and their relatives – as beneficiaries, nominated fiduciaries, or powers of appointment from any revocable estate planning documents (i.e. a will or revocable trust). In most cases, this rule instantly provides the sort of global disinheritance that one would expect a divorcing party would want for their ex-spouse. However, it is not uncommon for ex-spouses to have good reasons, personal or financial,… Read more
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My Ex-Spouse Died and Failed to Comply with Our Divorce Judgment – What Can I Do?!
Once upon a time, John and Jane got married and promised to love each other “until death do us part.” Unfortunately, things changed, and John and Jane got divorced. Even after divorce, however, they remained connected financially – each of them was required by their Judgment of Divorce to transfer certain property to the other and to share certain ongoing expenses for their children. Jane was required to pay child support and alimony to John, and both parties were required to maintain a certain level… Read more
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