Legal Question in Wills and Trusts in California
New wife, old will
My husband has a Will dated 1996 naming is ex wife as beneficiary. He bifurcated to marry me. They have been separated for four years. Their joint property has yet to be decided. Should anything happen to him, does his will supercede any of my rights? And does she still get anything listed in the Will?
1 Answer from Attorneys
Re: New wife, old will
these questions involve family law as well as estate planning and a family lawyer should be consulted. your husband needs to prepare a new estate plan with an estate planning lawyer depending upon the provisions of the martial settlement agreement.
in general, however, 2 probate code sections apply:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=21001-22000&file=21610-21612
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=05001-06000&file=5600-5604
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