In the United States, divorce is a significant life event many face. According to recent Centers for Disease Control and Prevention data, over 670,000 divorces and 2 million marriages occurred in 2022 alone. In some states, laws terminate an ex-spouse's rights in estate planning upon divorce, nullifying appointments like medical decision-making and inheritance rights. However, what happens if you die after filing for divorce, but before it's finalized?

Shannen Doherty encountered this situation, finalizing her divorce shortly before her death.

Life and Career of Shannen Doherty

Born on April 12, 1971, in Memphis, Tennessee, Shannen Doherty became a household name with roles like Brenda Walsh on Beverly Hills, 90210, Prue Halliwell in Charmed, and Jenny Wilder in Little House on the Prairie. After battling stage IV cancer, Doherty passed away on July 13, 2024, survived by her mother and brother, Sean.

The Divorce Process with Kurt Iswarienko

During her cancer battle, Doherty filed for divorce from her third husband, Kurt Iswarienko. Their uncontested divorce was nearly complete when she died, with Doherty and Iswarienko signing papers just days before her passing. This timing allowed her estate to retain significant assets, including their Malibu home, a Salvador Dali painting, several vehicles, and all earnings from her acting career. In a financial declaration, she reported $251,000 in cash, $1.88 million in stocks, $3 million in real estate, and additional assets.

Doherty's Priorities in Her Final Years

In an interview, Doherty shared that she began selling valuables to create memories with loved ones and ease future burdens on her mother. Her estate plan likely centered on making provisions for her family.

How Divorce Timing Can Affect Estate Distribution

Had Doherty passed before her divorce finalized, California law might have designated Iswarienko as her legal heir, potentially granting him half of her separate property and full rights to their community assets. However, with the divorce completed, her estate remained under her control.

If She Had a Will, Trust, or Beneficiary Designations

While divorcing, Doherty may have been restricted in changing her estate plan's provisions for Iswarienko until the divorce was finalized. A will or trust could have otherwise provided clarity. If she left Iswarienko as a beneficiary or included him in her trust, he could have claimed his elective share (a minimum inheritance amount under state law).

If She Had No Will or Trust

Without a will, California's intestacy laws could have dictated the distribution, granting Iswarienko community and quasi-community property and splitting her separate property with her mother.

Estate Planning Tips

Though details of Doherty's plan remain private, her close relationship with her mother suggests she took steps to protect her assets. Estate plans utilizing trusts and beneficiary designations provide privacy and greater control over asset distribution. Trusts also allow you to specify restrictions, helping ensure that loved ones receive assets according to your wishes.

Let Us Help You Plan for Your Future

Divorce, estate planning, and preparing for incapacity are complex processes. Our team is here to guide you in crafting a personalized plan that provides peace of mind for you and your family. Call us today to schedule a consultation and protect your future.