Several months ago, the Pennsylvania Supreme Court decided a case regarding the relative rights to a pension plan and life insurance benefits between a decedent’s estate and those of his surviving spouse who was engaged in divorce proceedings against the decedent at the time of his death. In re Estate of Michael J. Easterday, Deceased, 209 A.2d 331 (Pa. 2019). This case is a reminder of the interaction of probate law, marriage and divorce.

This article provides an overview of issues that trusts and estates practitioners need to consider with regard to marriage and divorce, whether in the planning stages or in the administration of a trust or estate, as well as statutory provisions that attempt to solve for a failure to provide for a spouse or to make changes to a plan drafted prior to a divorce.

A Spouse’s Rights

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