Legal Question in Wills and Trusts in California
wills and powers of attorney
in a legal separatiion, what powers
does and outside probate have.
3 Answers from Attorneys
Re: wills and powers of attorney
anyone who is in the process of a legal separation, marital dissolution or divorce should consult an estate planning attorney to update and modify your estate plan. of particular importance are assets held in joint tenancy, as these will normally pass to the surviving joint tenant (which is usually not what is intended).
Re: wills and powers of attorney
This question makes no sense.
Re: wills and powers of attorney
Is your question what power does the surviving spouse of a legally separated couple? If so, they are still husband and wife up to the death of one, so the same powers should exist as if they were still living together. But look to see if there is a Will or Trust, as those are superior to the marriage relationship.