Legal Question in Wills and Trusts in California

Usually wills are made by one person, not two as a pair, so I am confused by your question. Assuming your father had his own will, and that will was never changed or cancelled by any other will or instrument (such as a trust) whatever the will said would apply whether he was married or not. If his will had said that anything he owns goes to his wife, for example, then there is a good chance she would still take the property even though he is not married to her. A key question is how father took title to the property. Joint tenancy, for example, with another person (any person) would give that person the property upon father's death. This would happen regardless of a will...it bypasses the will entirely. It is very important that someone review the will document that you have to better understand the situation.

If the will(s) were made before the dissolution was final, the will(s) are no longer valid as between the parties to the dissolution. Any joint tenancy (or other non probate transfer) created between the parties prior to the dissolution is also no longer valid upon the dissolution of the marriage.

I think Mr. White provided the better, more direct answer to your question. Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all of the following:

(i) any disposition or appointment of property made by the will to the former spouse;

(ii) any provision of the will ocnferring a general or special power of appointment to the former spouse;

(iii) and any provision of the will nomiinating the former spouse as executor, trustee, conservator, or guardian. (Prob. Code, sect. 6122.)