When actress Shannen Doherty died on July 13, 2024, at age 53, she was in the midst of an unusual intersection between California divorce law and estate law.

Just one day before her death, Doherty signed documents intended to resolve her long-running divorce from photographer Kurt Iswarienko. Iswarienko signed the documents the following day—the day Doherty died.

PEOPLE Magazine contacted California estate attorney David A. Esquibias, founder of Westlake Law Group and a Certified Specialist in Estate Planning, Trust and Probate Law, to explain what the agreement meant for Doherty's estate and the rights her estranged husband might otherwise have had as a surviving spouse.

Read the original PEOPLE article: “Shannen Doherty Died amid a Contentious Court Fight with Her Ex. How She Was Able to Divorce Him After Her Death.”

What Happens When Someone Dies Before a Divorce Is Final?

Doherty filed for divorce from Iswarienko in April 2023, but the proceeding remained unresolved for approximately 15 months.

Shortly before her death, the parties reached an agreement resolving their marital rights and submitted the necessary documents to the court. Doherty signed the paperwork on July 12, and Iswarienko signed on July 13.

The unusual complication was timing.

Doherty died before the family court judge had formally entered the judgment terminating the marriage. The divorce judgment was subsequently entered after her death.

For estate-planning purposes, however, the parties' agreement was particularly important because it addressed the rights each spouse might otherwise have had following the other's death.

A Surviving Spouse Can Have Significant Rights in a California Estate

California law provides surviving spouses with important rights that can affect the administration and distribution of an estate.

Those rights can become particularly significant when spouses are separated or are in the process of divorcing but one spouse dies before the divorce has been completed.

Simply separating from a spouse does not necessarily eliminate inheritance and other rights arising from the marriage.

That is why the language of a marital settlement agreement or other written waiver can have substantial estate-planning consequences.

In discussing the Doherty matter with PEOPLE, Esquibias focused on California Probate Code section 141, which permits a spouse to waive certain rights that otherwise arise at death.

Because Iswarienko had signed the agreement containing the applicable waiver, Esquibias explained that although he would have been Doherty's surviving spouse at the time of her death, the agreement prevented him from asserting certain rights against her estate.

California Probate Code Section 141

Probate Code section 141 is an important estate-planning statute for married couples who are separating or negotiating a divorce.

California law permits a spouse to waive various rights that could otherwise arise upon the death of the other spouse. Depending upon the language and circumstances of the waiver, those rights can include rights relating to inheritance, property and other benefits available to a surviving spouse.

This distinction can become critical when a divorce has not yet been finalized.

A person may understandably believe that because a couple has separated and intends to divorce, the estranged spouse no longer has rights in the estate. That assumption can be dangerous.

Until the marriage is legally terminated—or those rights are otherwise effectively addressed—death can fundamentally change the legal landscape.

Why Doherty's Settlement Agreement Was So Important

The significance of Doherty's agreement was therefore broader than simply resolving the divorce.

The agreement established the parties' respective property rights and included waivers affecting what Iswarienko could potentially claim following Doherty's death.

PEOPLE asked Esquibias whether Iswarienko might nevertheless attempt to contest Doherty's will.

Given the waiver contained in the agreement, Esquibias told PEOPLE that such a challenge would be "extremely unlikely."

The larger lesson is that careful documentation during a divorce can be just as important for estate planning as it is for family law.

When spouses separate, their estate plans should be reviewed immediately rather than waiting until the divorce is complete.

Divorce and Estate Planning Should Be Considered Together

A pending divorce can affect nearly every component of an estate plan.

A person going through a separation or divorce should consider reviewing his or her will, revocable living trust, beneficiary designations, powers of attorney, advance health care directive and the manner in which significant assets are titled.

Retirement accounts and life insurance policies require particular attention because beneficiary designations may control the disposition of those assets independently of a will or trust.

There may also be limitations on what a spouse is permitted to change while a dissolution proceeding is pending. For that reason, changes should be coordinated with both estate-planning and family-law counsel where appropriate.

The objective is to identify the client's wishes and determine what legally permissible steps can be taken to ensure that those wishes are carried out if the client dies before the divorce is completed.

The Importance of Planning for the Unexpected

Doherty's circumstances were extraordinary, but the underlying legal problem is not limited to celebrities.

Divorce proceedings can take months or years to complete. During that period, illness, accident or an unexpected death can occur.

If an individual dies while still legally married, the surviving spouse's rights may become a central issue in the administration of the estate.

A properly prepared estate plan, combined with carefully drafted marital agreements and waivers where appropriate, can substantially reduce uncertainty and the possibility of litigation after death.

Doherty's case demonstrates why estate planning should not be treated as an issue to address only after a divorce is finished.

California Estate Planning, Probate and Trust Law

Westlake Law Group advises clients regarding estate planning, trust administration, probate and disputes involving trusts and estates throughout Los Angeles and Ventura Counties.

David A. Esquibias has practiced law in California since 1994 and is a Certified Specialist in Estate Planning, Trust and Probate Law by the State Bar of California Board of Legal Specialization.

Individuals who are separated, contemplating divorce or involved in an ongoing dissolution proceeding should consider reviewing their existing estate plans to determine how a death before entry of judgment could affect their intended beneficiaries.

To discuss an estate plan, trust, probate or related inheritance issue, contact Westlake Law Group to schedule a consultation.

This article is provided for general informational purposes only and does not constitute legal advice. Westlake Law Group and David A. Esquibias did not represent Shannen Doherty, Kurt Iswarienko, or any party to their dissolution proceeding or estate.

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