Updating Your Will After Divorce:
Leaving Property Part 2:
In most states, if you get divorced after making a will, any gifts that your will makes to your former spouse are automatically revoked. For example, California law states that dissolution (divorce) or annulment of a marriage revokes any bequests that your will made to your former spouse. (Cal. Probate Code § 6122.) The rest of the will is not affected. But it’s not a good idea to rely on state law. Not every state has a law like California’s, and laws can change. Also, the law doesn’t take effect until you have a final decree of divorce—if you’re still in the divorce process, gifts to your spouse are still valid.
During a troubling time such as directly after a divorce, estate planning is often the last thing on our minds, but if action is not taken to carefully review your will, your ex-spouse could inherit.
The attorneys at Taroff & Taitz, LLP are well versed in all forms of estate planning. Whether it be will, trust, and estate preparation or estate and trust administration, we will work tirelessly on your behalf to give you the legal guidance and support that you need.