CLE on the Differences Between Estate Planning and Family Law

This panel will focus on the dangerous cross-over between probate and family law. The panelists will examine important issues for the planner who wants to avoid trouble and the litigator who wants to remedy it.

Our panelists will discuss:

• Potential litigation traps that arise in estate planning for a husband and wife, including conflicting marital settlement agreements, estate plans, and beneficiary designations;
• What estate administrators and drafting attorneys need to consider with marital agreements and rights of spouses upon the death of a spouse;
• Important probate matters that family law attorneys should consider in preparing marital agreements, when a divorcing or divorced spouse dies;
• The effect of divorce on estate planning;
• Automatic restraining orders on existing estate plans;
• Revocation of joint trusts; and
• Breaches of fiduciary duty that spouses are apt to commit.