Legal Question in Wills and Trusts in California
Before CA Probate Code 6122 was written
My dad wrote a will leaving everything to my mom if she survives him. They divorced in 1980, before Probate Code Section 6122 was written in 1985. He had remarried before his death. Is my mom still the beneficiary under his will?
3 Answers from Attorneys
Re: Before CA Probate Code 6122 was written
Section 6122(f), as you probably know, provides that if the divorce occurred before 1985 the law prior to 1985 controls. I haven't looked that up, but sure sounds as if the prior will might still be valid. But see Section 21610 dealing with "omitted spouses."
Re: Before CA Probate Code 6122 was written
The code section may well express prior common law or prior statutory law. It is rooted in the law that developed regarding interpretation of wills. Wills have to be proven up and interpreted in a probate proceeding. Of course, if you father is still alive and competent he should clarify his wishes in a new will, or better yet in a living trust package revoking all prior wills.
You can learn a lot about this stuff to share with your dad if he is still alive by reading "Create Your Legacy & Save the American Middle Class." Find the book at www.yourlivinglegacy.info. It explains a great deal in simple plain English and will help you with him, or if he is deceased, then with doing your own planning.
Re: Before CA Probate Code 6122 was written
Does the Will state "to my wife" or does it state her name? How long ago did he die? Did your mother make a claim against the Will? Has it already been probated? You may need to see an attorney ASAP.
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