Can My Ex Still Claim Parts of My Estate?
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Ian Filippini is an experienced estate planner and financial advisor who has worked with many people over the years. Ian Filippini has worked on many wills with his clients. Though a will can seem like a simple thing, there can actually be a lot of details that can be overlooked. We all know that a will is a way to leave your property, (or not), to your loved ones after you are gone. This is the simplest definition. In our will, we usually leave our estate to our spouse, (if we have one), or children (if we have those). But what happens if you get a divorce? Can your ex-spouse still claim part or all of your estate? In this article, Ian Filippini will briefly discuss the basic rules for ex-spouses in relation to wills.
First, Ian Filippini would like to mention that rules and laws for this topic vary from state to state. In community property states, Ian Filippini says, your spouse automatically owns half of your entire estate during your life and upon your death (but only if you are still married). If you live in a community property state, and you get divorced, your spouse is not entitled to any part of your estate anymore. According to Ian Filippini, even if you forgot to rewrite your will to disinherit your ex-spouse, by law she is no longer entitled to your property.
For states that do not recognize community property, even if your spouse is not mentioned in your will, they will be entitled to a certain percentage of your estate, asserts Ian Filippini. If you divorce before your death, again, they are not entitled to any part of your estate, unless you intentionally write them into your will after your divorce.
Filippini Wealth Management, Inc. is a family business based in Montecito, California. The current president of Filippini Wealth Management, Inc., Ian Filippini, also lives in the Montecito area. Ian Filippini’s brother has also helped out at Filippini Wealth Management, Inc. and Ian Filippini’s father was also the founder of Filippini Wealth Management, Inc.
Alfred Filippini passed away in 2009, but Ian Filippini’s mother (Deborah Filippini) is still alive and living in the Montecito area as well. Ian Filippini also spends time writing different articles relating to tax planning, estate planning, insurance and real estate.
Filippini Wealth Management, Inc. is not a law firm and Ian Filippini not an attorney. No advice is given or is intended to be given. The article above is not to be considered legal advice. If you are in need of legal advice, please consult a licensed attorney or law firm.