In 2022, the Centers for Disease Control and Prevention reported over 670,000 divorces and more than 2 million marriages. Divorce is a major life event many Americans experience. Some states have laws that automatically revoke an ex-spouse's rights in estate plans once the marriage ends. But what happens if someone dies after filing for divorce but before it's final? Shannen Doherty faced this exact scenario, and her case shows the importance of timing and a good estate planning attorney.
Life and Career
Shannen Doherty was born on April 12, 1971, in Memphis, Tennessee. She became famous for her roles in *Little House on the Prairie*, *Beverly Hills, 90210*, and *Charmed*. After fighting stage IV cancer for over four years, she passed away on July 13, 2024. She is survived by her mother and her brother, Sean.
Divorce from Kurt Iswarienko
While battling cancer, Doherty also navigated a divorce from her third husband, Kurt Iswarienko. The divorce process lasted more than 15 months. Doherty filed for an uncontested divorce and signed the papers a day before her death. Iswarienko signed the documents on July 13, 2024, the day she passed away. A judge finalized the divorce two days later.
Through the divorce, Doherty retained the couple's Malibu home, a Salvador Dali painting, several cars, and her acting income. She also declared $251,000 in the bank, $1,880,000 in stocks and bonds, and $3 million in real estate. Her estate included insurance funds and a $134,000 pension.
Doherty's Final Plans
In an interview, Doherty explained her efforts to simplify things for her mother. She sold valuables to fund trips with loved ones and make lasting memories. These actions reflected her desire to prioritize her family's well-being.
What Could Have Happened?
By finalizing the divorce, Doherty ensured control over her estate. Had she passed away before the divorce was final, the outcome would have been different. Legally, a surviving spouse inherits certain rights after their partner's death, even during divorce proceedings.
If She Had a Will, Trust, or Beneficiary Designations
Doherty likely couldn't update her estate plan during the divorce process. Any property left to Iswarienko in a will or trust would still go to him. If he wasn't included, he could have claimed his statutory elective share, a minimum guaranteed inheritance for surviving spouses.
If She Didn't Have a Will or Trust
Without a will or trust, California's intestacy laws would determine the distribution of her estate. Iswarienko would inherit:
- Her half of their community property.
- Her half of their quasi-community property.
- Half of her separate property.
This arrangement would leave him with all shared property and half her separate assets. Doherty's mother would receive the remaining half of her separate property.
Doherty's Estate Plan: What We Know
The exact terms of Doherty's estate plan remain private. Her mother played a key role in her life, making it likely she was a primary beneficiary. Doherty may have used a trust or beneficiary designations to protect her wishes. Trusts offer privacy and control, while beneficiary designations ensure a quick transfer of assets. However, trusts allow for more specific instructions and protections.
Let Us Help You Plan Ahead
Divorce and estate planning can feel overwhelming, especially during tough times. We are here to guide you through this process. Call us today at 979-703-7014 to create a plan tailored to your needs and protect your loved ones' future.
