February CLE: Til Death (or Divorce) Do Us Part: Family Law Meets Estate Planning

We will explore the effect that divorce has upon estate documents that have been prepared for the parties prior to the divorce. We will also discuss some tricks that may be used by the testator's attorneys to protect the inheritance from the later divorce of the children after they inherit. We will discuss when there is a conflict of interest and both spouses cannot be represented by the same estate planning attorney. We will also briefly cover what aspects of estate planning should also be addressed in a pre or post nuptial agreement.

We will then put on the hat of the family law attorney and discuss what part of what is considered inheritance, either in or outside of a trust, may actually be community property and how that can be established or defended against. We will also discuss the importance of an estate plan for the newly divorced party,…