Till Death Us Do Part?

I often pass over the opportunity to discuss celebrity divorce on this blog, however, Dennis Hopper's passing has brought up an interesting question about what happens if you have filed for divorce, but that divorce is not yet final when you or your spouse dies. Does your soon to be ex-spouse get more of your estate because you are still considered "married"? Dennis Hopper had a prenuptial agreement which states that his current wife, whom he filed for divorce from in January, will only be allowed to inherit any of his estate if they were married and living together at the time of his death. Therefore, the question in the probate court with respect to Hopper's estate will be whether the couple was living together at the time of Mr. Hopper's death. Every state is different when they are dealing with this issue, therefore, if you are in the process of a divorce, make sure that you update your will accordingly. Additionally, if you have concerns that your death may occur prior to the finalization of your divorce, motion the court to bifurcate your case to grant your divorce but reserve on the other issues so that your divorce can be granted. That way, if you were to die, you will die without a spouse and your former spouse will not inadvertently be entitled to more of your estate under probate/estate law rather than divorce/matrimonial law.

Better To Be Safe

The following story is really disturbing and something that I feel I must speak about. Unfortunately, there are many people who are victims of domestic violence and are fearful that their spouse or significant other is capable of doing them bodily harm. I hear from a lot of my clients who are fearful, some of it justified, some of it not. However, when I hear of certain behaviors that I believe to be dangerous or odd enough that it gives me the suspicion that someone is not thinking rationally and is capable of causing bodily harm, even if it hasn't happened in the past, I not only encourage my clients to attempt to obtain an injunction, I give them no choice. Some people don't want to file injunctions because they don't want to cause conflict, or fear that it will make the situation worst, but the reality is that injunctions are there to help protect you, and if you have valid reasons to fear for your safety, you should not hesitate to get an injunction for protection, or at the very least call the police if you are threatened. Do not be another statistic.

http://www.sptimes.com/2007/12/15/Northpinellas/Five_die_in_suicide__.shtml