The Georgia courts are currently having to sort through a difficult case over the issue of whether a widow is entitled to a widow’s allowance.
Recently, the Wills, Trusts & Estates Prof Blog wrote about an interesting Georgia case in “Can a Divorce Filing Prevent a Wife from Receiving a Widow’s Allowance?”
Just hours before passing away, a man filed for divorce. That divorce filing was made moot by his death.
However, the mere act of filing for divorce triggered a post-nuptial agreement that he entered into with his wife, in which the wife waived her right to any support from the man’s estate. The post-nuptial agreement did include provisions that provided for continuing support for the wife and property division, but those provisions were made void by the man’s death.
The question for the courts, is whether the wife is entitled to a widow’s allowance from the state or if that is barred by the post-nuptial agreement.
This is not an easy case to decide.
It highlights the difficult legalities of estate planning when combined with marital agreements and divorce. One thing people need to understand is that when entering into a marital agreement, it is important that both parties receive separate legal advice that includes advice about what happens in the event one of them passes away.
The estate planning implications need to be understood, before the agreement is signed.
The same thing is true in a divorce. Even under the best of circumstances, divorces have estate planning consequences that the parties need to seek legal advice about.
Reference: Wills, Trusts & Estates Prof Blog (April 6, 2017) “Can a Divorce Filing Prevent a Wife from Receiving a Widow’s Allowance?”
“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”
Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.
The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!
I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.
Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.