180: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final (Part 2)

Absolute Trust Talk

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7M ago 9:15

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In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their discussion on estate planning during divorce proceedings with practical solutions. Following their previous episode on the potential problems that can arise if someone becomes incapacitated or dies during divorce, they now focus on preventative measures. The attorneys explain how to ensure your soon-to-be ex-spouse doesn't maintain control over your healthcare decisions or inherit your assets contrary to your wishes. They discuss the creation of new healthcare directives, powers of attorney, wills, and trusts—all while navigating the automatic temporary restraining orders (ATROs) that restrict asset transfers during divorce. This episode, part two of their divorce series, provides clear guidance on proper timing of estate planning updates during divorce to protect yourself legally before the process is finalized.

Time-stamped Show Notes:

0:00 Introduction

2:03 How to avoid having your spouse be responsible for you if incapacitated

2:26 Next, Kirsten and Jessica discuss options for those who have never created estate planning documents

2:48 What should you do if you already have documents naming your spouse?

3:16 Now, let's talk about how to prevent your spouse from inheriting if you die before the divorce is final

5:23 What are the next steps for clients who already have a joint trust with their spouse?

6:07 Let's clarify the importance of following trust-specific revocation methods and requirements during divorce

7:44 Finally, listen as Kirsten and Jessica talk about why accepting potential probate may be necessary and worth it

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