What happens to a married individual’s assets after they die is susceptible to many factors including the way their state handles marital property and the family dynamic. Second marriages and the existence of adult children from a previous marriage creates a common foundation for probate litigation. Allegations of undue influence or lack of capacity further complicate matters during a time of heightened emotion. Additionally the presence of pending divorce proceedings during the time of death further complicates the situation.
See Patricia L. Davidson & Robert M. Engel, Until Death Us Do Part: Then What?, Bloomberg BNA, Apr. 14, 2015.
Special thanks to Naomi Cahn (Harold H. Greene Professor of Law, George Washington University School of Law) for bringing this article to my attention.
