Legal Question in Wills and Trusts in California
My husband was divorced 10 years ago and signed a divorce agreement that he would create a will providing equal money to each of his daughters from 2 marriages on his house and any successive homes. We have been married 6 years and have sold the original home and are joint tenants on our home in CA, his former wife is now wanting him to make a will (which he never did) that states he irrevocably wills our present home on his death to his 2 daughters. Does marriage trump a divorce judgement. The original judgement did not provide for his remarriage. Does marriage and joint tenancy override a prior divorce judgement?
1 Answer from Attorneys
Agreements to put a certain clause or make a person heir to as certain assets in a Will are not binding. You can not be forced to Will something to someone. I am surprised neither the judge nor any of the attorneys involved did not catch that. If the former wife can show that both your husband and her were unaware of that, then she would try toargue that somethling of equal value should be included in a "new" divorce decree, but the statute of limitations might well bar such a claim. He basically has to tell her that he now has found out what the law provided for and he is not going to sustitute anything for the voidable Will requirement; he should figure out some nice way to say this, somethig as to his curret obligations, etc..
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