Occasionally a client will ask us to assist in estate planning changes during or prior to a divorce. Under Colorado law, generally upon divorce each spouse loses the right to serve as a “fiduciary” and to receive any benefit under a will or trust (C.R.S. Section 15-11-804(2)(a)). In most cases, this rule is proper because divorcing spouses often do not change their will until some time after a divorce. In some cases, it is proper for a spouse to change his or her will prior to divorce, such as to ensure that property is disposed of as desired at the point in time when one concludes that a marriage is broken and others should receive the divorcing spouse’s share. While changing a will might be right for some, it does not eliminate the right of each spouse to those “elections” under Colorado law, incluidng the the family allowance and a right to a share of the “augmented” estate.
At DRC, our estate planning attonreys often work with our family lawyers to provide comprehensive services to our clients, including those that have retained us for planning and those that have retained us for family or divorce matters.
