Kanye West Has Many Issues … Estate Planning Issues
Rapper Ye, the artist formerly known as Kayne West, can't stay out of the news for one reason or another. However, lately, he has been making many life changes affecting his estate plan. He should take time to review what estate planning documents he has in place and what he needs to update.
Is Ye Married?
In current news, TMZ reports that Ye "wed" Bianca Censori, an architectural designer and employee of Yeezy, the rapper's fashion line. In a secret wedding that did not remain secret for long, the couple held "a private ceremony to celebrate their love."
However, they reportedly did not file a marriage certificate. If this is true, then Ye is not married. To have a legal marriage under the law, you must have a marriage license and a ceremony with witnesses.
You apply for a marriage license at your local county clerk's office. Many states have a waiting period from 24 hours to six days before you marry. When you have the wedding ceremony, the officiant (the person who performs the ceremony) and witnesses sign the license.
The officiant then files the license with the clerk's office to make it legal. If the officiant does not file the license, the marriage is void. An Ohio bride discovered her marriage wasn't real when her grandfather (who officiated her wedding) forgot to send the license to the court.
Ceremony with Witnesses
A marriage ceremony must have an officiant and witnesses. An officiant can be religious, such as a priest or rabbi, or non-secular, like a justice of the peace. You can even become an officiant by registering with an online church to be a minister. You need witnesses too. They verify a wedding ceremony and sign the marriage license.
It is unclear if Ye and Censori had witnesses. So without a marriage license and witnesses, at best, they held a "commitment ceremony," which has no legal effect. Ye's former sister-in-law, Kourtney Kardashian, did a similar thing last year when she "married" Travis Baker in Las Vegas. They, however, followed that up with a marriage license and ceremony in Santa Barbara, California.
Can Bianca Censori Inherit from Kanye?
If Ye and Censori did not actually enter into a legal marriage, and Ye dies without a will, his children will inherit everything. His new love cannot claim an intestate share.
Under intestacy laws in California, if a spouse does not receive anything under a will, they can claim a share of their spouse's estate. If they are actually married and did not have a prenuptial agreement, Censori can inherit all of their community property and one-third of Ye's separate property. Spouses can waive the right to a share of the estate in a prenuptial agreement. So if Ye actually wants Censori to receive anything, he may want to revise his will to make provisions for her.
What Happens To Ye's Estate Plan Upon Divorce?
Ye's divorce from Kim Kardashian was only finalized two months ago. When you divorce, any provisions you make for your ex-spouse in a will are voided automatically. The court treats these provisions as if your ex-spouse died before you. However, if you name them as a beneficiary on a life insurance policy or a transfer-on-death bank account, your ex-spouse will get that upon your death unless you change it.
When you go through a divorce, you want to look over your estate plan for any arrangement you made to benefit your ex-spouse. You will also want to remove them from a power of attorney form that would allow them to make financial or health care decisions for you. In revising your estate plan, you should do the following:
- Update your will, trust, health care agent, and power of attorney agent
- Consider changes to the guardians of minor children
- Change any beneficiary designations on life insurance policies, annuities, bank accounts, IRAs, pensions, and 401(k)s
Especially now that he's married again, Ye should review what documents give still give Kardashian any powers or benefits and revise them.
Because you can have many life changes in a short period of time, it is wise to keep your estate plan updated. With the popularity of online, do-it-yourself estate planning services, you can revise your documents to reflect your current situation.
- Create Your Estate Plan With FindLaw's Help (FindLaw Legal Forms and Services)
- Find Estate Planning Lawyers Near You (FindLaw's Attorney Directory)
- What Rappers Can Teach You About Estate Planning (FindLaw's Law and Daily Life)
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