Death Before Divorce

[ramonaspaskos]

What is the name of your state (only U.S. law)? CA

Anyone knows what happens if I die before divorce is finalized? Does the ex get everything even if I have a new will?

[mistoffolees]

Originally Posted by ramonaspaskos

What is the name of your state (only U.S. law)? CA

Anyone knows what happens if I die before divorce is finalized? Does the ex get everything even if I have a new will?

[url=http://www.alanpearlmanltd.com/newsletter/index.jsp?contentid=CdQajqTpizRuz8Fdno9MeKTf&aop=29&od=5]Family Law - ALAN PEARLMAN, LTD. - Attorney Chicago Divorce Lawyer Illinois Divorce Lawyer Chicagoland Family Lawyer Attorneys Lawyers Northbrook Illinois Lake County Illinois Highland Park Illinois Waukegan Lake Forest Family Lawyer Matrimonial Lawy[/url]
"In some states, while a divorce is pending, couples remain spouses for the purposes of intestate succession. As a result, if one spouse dies without a will before the divorce is final, the surviving spouse may inherit. Court cases have affirmed this, but also affirm that, after the final divorce decree, the former spouse may no longer inherit under intestacy laws." It does not specify whether California is one of those states, though.


Unfortunately, I couldn't find a definite answer for CA. To be safe, I would do what you can to minimize the damage if the court follows that interpretation. That would include:
1. Filing for divorce ASAP and working diligently to make it happen quickly.
2. Making sure that separate property (non-marital) remains separate and is properly covered by a will. (You can't arbitrarily give all your marital property away, but you can control where separate property goes).
3. See an attorney familiar with CA law for help. CA has a pretty good self-help system, but this question may be too complicated for them.
4. Don't die until after the divorce.

[TinkerBelleLuvr]

Hey Misty - I like number 4.

If making out a will, make sure the X does get mention in said will. I wouldn't go for a DYI project here, but see an experienced attorney to make sure all your bases are covered.

[nextwife]

Remember that you cannot will away property for which spouse has a marital interest or joint ownership. However, any non comingled premarital or gifted, inherited property should be able to be covered by a new will.

[vijendrasnv]

Hi,

Interesting and very true point mentioned here.
I never heard about this type of case before.But one thing is shore,the ex not getting everything.
Will give more updates for that in future.If you get any information please update!!!

Thanks.

[mistoffolees]

Originally Posted by vijendrasnv

Hi,

Interesting and very true point mentioned here.
I never heard about this type of case before.But one thing is shore,the ex not getting everything.

That is NOT sure. There are a LOT of scenarios where the ex will get everything (and how would you know, anyway, since you never heard of this type of case before?).

Please stop offering advice since you clearly don't know what you're talking about.