Legal Question in Wills and Trusts in California

If I'm creating a will and a trust at the same time as I'm filing for divorce, do I put single or married?


Asked on 9/18/14, 9:17 pm

2 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

You're married, but in the process of dissolving your marriage and that you are intentionally making no provision for your spouse. Say that.

Keep in mind a potential landmine - when a person files for divorce, then temporary automatic restraining orders kick in for both spouses, and these orders include a prohibition against transferring assets. It's usually better to make a will, make sure to sever all joint tenancy property so your spouse won't get it all if you die in the middle of the divorce, and then make a trust when the divorce is over and the dust has settled.

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Answered on 9/19/14, 8:54 am
Anthony Roach Law Office of Anthony A. Roach

I hope you are not using some form you found on the internet. That is the quickest way to do it wrong and really screw it up.

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Answered on 9/19/14, 9:17 am


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