Excluding spouse from will

[mymdog]

What is the name of your state? California

My husband and I are separated. We sold our home (cash) and have divided all of our assets as we are both happy with the distribution. All the proceeds from the sale of the property and all the rest of the bank accounts we had have been divided and my half is in my name. I will be filing for divorce within the next two weeks. I have changed the beneficiaries on my SEP IRA's to my son. I want my son to inherit everything that is in my name should I die before our divorce is final. I will revoke a Trust and Will we did back in 1995. Is it possible for me to designate that everything go to my son and nothing to my husband?

 

[moburkes]

I doubt it. Is "your" son, his son also? How old is son?

 

[nextwife]

Assets you own seperately, after the divorce is completed, can be willed where you wish. IF you remarry, any future spouse may have a marital interest in comingled assets or assets acquired during that marriage.

 

[moburkes]

Assets you own seperately, after the divorce is completed, can be willed where you wish. IF you remarry, any future spouse may have a marital interest in comingled assets or assets acquired during that marriage.

She's asking about BEFORE the divorce is complete, though.

 

[BelizeBreeze]

Changing your will is irrelevant at this point. Once you are divorced then yes, do so. However, your husband is your husband until the divorce is granted and until such time, any change you make in your will is voidable.