According to a Centers for Disease Control and Prevention survey, there were more than 670,000 divorces and more than 2 million marriages in 2022. Divorce is a common life event that many Americans face during their lifetime. Some states have laws that automatically end an ex-spouse's appointment as decision-maker in their spouse's estate plan with the ending of their marriage, as well as their right to any inheritance to which they may have been entitled. However, what happens if you die after you file for divorce but before it becomes final? 

Shannen Doherty faced this same question. In her case, the divorce was deemed to be finalized before her death. After battling stage IV cancer for more than four years, she passed away on July 13, 2024. Surviving her are her mother, with whom she was very close, and her brother, Sean.

Divorce from Kurt Iswarienko

While Doherty was battling cancer, she was also in the midst of a divorce from her third husband, Kurt Iswarienko. The divorce proceedings took more than 15 months to conclude, with Doherty filing for an uncontested divorce and signing the necessary paperwork the day before she died. Iswarienko signed the documents on July 13, 2024. A family law judge signed off on the divorce two days after Doherty passed away.

According to a stipulated agreement with Iswarienko, Doherty's estate was able to retain the couple's home in Malibu, California; a Salvador Dali painting; several cars; and all earnings from her acting. In addition, as part of the divorce proceedings, she had filed an income and expense declaration stating that she had $251,000 in the bank; another $1,880,000 in stocks and bonds; and insurance money from a lawsuit over damage done to her California home. She also stated that she had real property worth $3 million and $134,000 in a pension fund.

In an interview with E! News, Doherty discussed how she had started to sell some of her valuables and, with that money, was able to take trips with her loved ones to create memories. She also acknowledged that, in selling property and other items, her priority was to make things as easy as possible for her mom.

What Might Have Happened?

With both parties finalizing the divorce and signing their respective waivers, Doherty was able to control what would happen to her money and property at her death. Had she passed away before the divorce was recognized as final, things could have looked much different. Because a marriage is a legal relationship while you are alive, the passing of one spouse ends the marriage, leaving the other party as the surviving spouse. 

If She Had a Will, Trust, or Beneficiary Designations

Although she and Iswarienko were in the middle of divorce proceedings, Doherty could not change the provisions in her estate plan that dictated who would receive her money and property until the divorce became final. Therefore, any money or property that she would have left her soon-to-be former spouse under a will, trust, or beneficiary designation would still go to him. If he was not included in her will or trust, he may have been able to file a claim against her estate for his elective share (a statutory minimum that a surviving spouse receives).

If She Did Not Have a Will or Trust

Had there been no will or trust, California's intestacy statute (the state's plan for what happens to a person's money and property if they die without a will or trust) would have dictated what Iswarienko was entitled to. According to the statute, his inheritance would have been

• her half of their community property,

• her half of their quasi-community property, and

• half her separate property.

Although he would have ended up with all the community property and quasi-community property, he would have had to share Doherty's separate property with her mother.

What We Know about Her Estate Plan

Currently, the exact terms of Doherty's estate plan are unknown, but we do know that Doherty's mother played a significant role in her life and was someone she wanted to provide for. This lack of public information may be due to Doherty utilizing a trust or beneficiary designations as part of her estate plan. The benefit of both strategies is that the matter stays out of the courts and the public eye. However, utilizing a trust allows for additional restrictions and instructions on how a beneficiary receives their inheritance, whereas naming someone as a beneficiary via a beneficiary designation typically results in the beneficiary receiving the full amount outright with no additional protections or restrictions.

We Are Here to Help

We know that going through a divorce and planning for your incapacity and death can be stressful. We are here to help you through this rough chapter so that you can craft a protected future for yourself and your loved ones. Please call us to schedule an appointment to discuss how we can create a personalized plan tailored to your unique needs.

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If you have questions about estate planning and divorce, contact our office to speak to an estate planning attorney.

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