Estate Litigation Tips for Separated, Un-Divorced Couples

Estate litigation after death can be a lengthy court battle, especially when it involves legally separated, un-divorced couples. This is because the surviving partner may have a right to the deceased’s property even after separation. Knowing how to navigate this issue can help the beneficiaries gain their inheritance without undergoing stressful and time-consuming litigation processes. Here are top estate litigation tips for separated but un-divorced couples.

Prepare a Will

An easy way to avoid estate litigation after you pass away is to leave a will. You can leave or remove your separated spouse from the will to avoid legal proceedings. However, the spouse can challenge the will since their right to inherit property remains intact until an official divorce. An experienced estate litigation lawyer can help the surviving family overcome this issue.

Revoke an Existing Power of Attorney

A power of attorney (POA) legally gives someone else the power to execute your estate when you pass away. If your current POA has your separated spouse’s name, you can modify it and remove their name to prevent future litigation issues. Revoke your existing POA and create a new POA to handle your legal matters.

Update Your Superannuation

While superannuation does not form part of your estate, it remains part of your assets. Your separated spouse might be part of your superannuation and can claim your estate if their name exists among the beneficiary nominations. Changing your superannuation can help avoid estate litigation for separated, un-divorced couples. Your separated partner will no longer have any evidence to prove entitlement to your estate.

Change Your Life Insurance Nominations

If you have a life insurance policy, consider changing the beneficiaries to avoid possible issues after you pass away. A separated spouse can lay claim to your estate if their name exists in your policy. However, this option is only possible for standalone life insurance policies.

Hire an Experienced Estate Litigation Lawyer

A fail-proof way to overcome estate litigation is by hiring an experienced lawyer. The Williams Litigation Groupattorneys have what it takes to handle all estate litigation cases. Contact us today to schedule a free consultation with our attorneys.