How Divorce Affects Your Last Will

It’s important to have a legal will, as it can provide for those left behind after you pass away. A will can be a great comfort, and your spouse and children may rely on it to get the money and property they may need after you’re gone. But what if you’re now divorced from the spouse you named in your will? You may no longer feel that he or she has any right to your assets. Furthermore, you may be concerned that if you were to die, he or she would come into property you no longer want him or her to have. Fortunately, in California, you do not have to rewrite your will to remove your former spouse from it in most cases.

If you or someone you love is going through a divorce, contact the San Jose divorce attorneys of the Law Office of Daniel Jensen, P.C., today by calling 408-296-4100

California Law and Your Will

Under California law, once you divorce your spouse, the terms of your will which applied to him or her are void. Any property granted to the former spouse in the will is null, as is any appointment making the former spouse the executor or trustee of the will.

However, if you do want to leave something to your former spouse, you may still do so. You must expressly acknowledge that your former spouse is entitled to any benefits.

Contact Us

If you are going through a divorce and you have any questions about how it will affect your will, contact the San Jose divorce lawyer, Daniel Jensen, at the Law Office of Daniel Jensen, P.C., by calling 408-296-4100 today.