Legal Question in Family Law in California

My husband and I have a trust and wills that give me 1/3 of his estate if he predeceases me. If we divorce will I only get 1/3 or 1/2 of our assets? We live in California


Asked on 7/26/12, 11:50 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Wills and Trusts are testamentary dispositions. Wills only take effect when the testator dies. If you get divorced, the parties are still living, and your divorce will be governed by California's community property system. Generally, community property is split between the parties 50/50. I say generally, because there are all kinds of intricate rules for classifying community property, separate property, and property with mixed characteristics.

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Answered on 7/27/12, 12:04 pm


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