Legal Question in Wills and Trusts in California

In California how can I disinherit my spouse that I am planning to divorce?


Asked on 3/21/17, 4:46 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

When your divorce becomes final, your spouse is disinherited by operation of law, that way in case you forget to change account or beneficiary designations your spouse will still not inherit.

If you are still legally married, you can create your own will or trust that leaves your 1/2 of the community property and all of your separate property to someone of your choosing.

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Answered on 3/21/17, 4:51 pm

While Mr. Feldman's answer is correct, it is not as easy as it sounds. In order to survive a challenge, the will needs to be carefully drafted by an attorney who is familiar with the laws governing how to make a valid and binding will the omits a spouse. Also be aware that you need to do this before you start the divorce process. Once you file a divorce, or she files and serves you, you will be under an automatic restraining order that prohibits, among other things, making any changes to beneficiaries, successors to accounts, etc.

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Answered on 3/22/17, 12:18 pm


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