If you’re a California resident going through a divorce—or worried about what happens to your assets during this difficult transition—understanding how divorce timing affects your estate plan could be the difference between protecting your family’s inheritance and leaving it vulnerable to unintended consequences.
The recent case of actress Shannen Doherty offers critical insights for anyone navigating divorce while also thinking about estate planning. Her story reveals what can go wrong when divorce isn’t finalized before death, and why California families need to act quickly to protect their wishes.
Source: ElderLawAnswers – Shannen Doherty’s Estate Planning Amid Divorce
The Critical Timing Issue: Why Divorce Finalization Matters
Shannen Doherty’s divorce from photographer Kurt Iswarienko took over 15 months to finalize. She signed the divorce paperwork the day before her death on July 13, 2024, and her husband signed the same day. A judge approved the divorce just two days after she passed away.
This timing was crucial. Because the divorce was finalized before her death, Doherty maintained complete control over her estate, which included:
What Could Have Gone Wrong: The Elective Share Problem
If Doherty had died just days earlier—before the divorce was final—the outcome could have been dramatically different. Here’s what California residents need to understand:
Your spouse may still have legal rights to your estate during divorce proceedings. Even when you’re legally separated and divorce papers are filed, until that divorce is finalized, your spouse remains your legal spouse with potential claims to your estate.
If Iswarienko hadn’t been included in Doherty’s estate plan and the divorce wasn’t final, he could have filed a claim for an “elective share” of her estate—a legal right that surviving spouses have in many states to claim a portion of the deceased spouse’s assets, regardless of what the will says.
This could have resulted in conflict between the surviving spouse and other heirs, potentially including Doherty’s mother Rosa and brother Sean, who survived her.
Can You Change Your Estate Plan During Divorce in California?
Here’s a question many divorcing California residents ask: “Can I update my will or trust to remove my soon-to-be ex-spouse before the divorce is final?”
The answer is complicated. During divorce proceedings, you likely cannot change provisions in your estate plan that dictate who receives your money and property until the divorce becomes final. This means:
What Happens If You Die Without a Will During Divorce?
In California, if you die without a will or trust (called dying “intestate”), state law determines who gets your assets. For someone going through divorce, this creates additional uncertainty because California’s intestacy laws would dictate what your not-yet-ex-spouse is entitled to receive.
With over 670,000 divorces occurring in the United States in 2022 alone, this isn’t a rare scenario—it’s a common risk that many families face.
How California Probate and Trust, PC Protects Your Family During Divorce
At California Probate and Trust, PC, we understand that divorce is one of life’s most stressful transitions. When you’re already dealing with emotional turmoil and legal complexity, the last thing you want is uncertainty about whether your children, parents, or other loved ones will be protected.
Our Sacramento-based estate planning attorneys specialize in helping California residents navigate the intersection of divorce and estate planning. We provide:
Five Critical Steps to Take Right Now If You’re Divorcing
If you’re a California resident currently going through or contemplating divorce, take these actions immediately:
Why Trusts May Offer Better Privacy Than Wills During Divorce
Doherty’s estate plan details remain unknown to the public, likely because she used a trust or beneficiary designations rather than relying solely on a will. This privacy advantage is particularly valuable during divorce, when you may not want details of your estate becoming public record.
Trusts offer California families:
Protect Your Legacy During Life’s Transitions
Shannen Doherty’s case reminds us that life doesn’t pause during legal proceedings. She was simultaneously battling cancer and navigating a complex divorce—yet she took steps to ensure her wishes would be honored and her loved ones protected.
You deserve that same peace of mind.
At California Probate and Trust, PC, we’ve helped thousands of California families protect their assets and honor their wishes, even during complicated transitions like divorce. Our compassionate, experienced attorneys provide free consultations to help you understand your options without obligation.
Schedule Your Free Estate Planning Consultation Today
Don’t leave your family’s future to chance. Whether you’re currently divorcing, recently separated, or simply want to ensure your estate plan reflects your current wishes, California Probate and Trust, PC is here to help.
Call us at (866) 674-1130 or visit cpt.law to schedule your free one-hour consultation.
Our Fair Oaks, Sacramento, and San Francisco offices are ready to serve you with transparent pricing, personalized attention, and the expertise you need to protect what matters most.
Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. The information presented is based on general legal principles and the specific case of Shannen Doherty as reported in public sources. Estate planning and divorce laws vary by state and individual circumstances. Every family’s situation is unique, and laws change over time. For advice specific to your situation, please consult with a qualified estate planning attorney licensed in California. California Probate and Trust, PC offers free consultations to discuss your individual needs. Nothing in this article creates an attorney-client relationship.