Legal Question in Wills and Trusts in California
New will going and through a divorce
In the process of going through a divorce. I wish to make a new will. How do I correctly address ''my husband'' since the divorce proceedings are in process. And I do not wish to include him in any bequeth.
Thanking you in advance for your assistance.
3 Answers from Attorneys
Re: New will going and through a divorce
He is automatically eliminated from your old will upon divorce.
Depending on your assetts, you should seriously consider a living trust rather than a will.
Re: New will going and through a divorce
Because he's not eliminated under the law as a beneficiary until your divorce is final, you should list him in the will as your current spouse and note that a dissolution action is pending. The will can also state that you are with full knowledge disinheriting him as a beneficiary and that you intend to remove him completely as a beneficiary.
Re: New will going and through a divorce
not a problem whatsover. if you would like assistance in drafting a new will and/or a living trust, feel free to email my law office directly for further assistance. thanks for your question.