San Diego Divorce Lawyers
Helping Handle Wills and Trusts

One of the most overlooked aspects of any divorce case involves the issues regarding wills and trusts.  People don’t tend to think of estate planning issues when they are enduring this difficult process, but the fact is that a failure to account for these factors could lead to serious problems.  If you are about to end your marriage and you have wills and/or trusts that could be part of the proceeding, seek the help of San Diego divorce lawyers immediately.  In the meantime, below is a brief overview of each of these instruments as they relate to divorce cases.

Wills and California Divorces

Wills are generally straightforward when it comes to divorce cases.  California law calls for the removal of any benefits of the spouse when a divorce is final.  What this means is that after a divorce is complete, the will provisions that mention benefits that will be transferred to the now-former spouse will no longer be valid.  This is also true of provisions that involve decisions that would otherwise have been made by the ex-spouse.

The only problem that could arise with a will and a divorce case occurs when one of the spouses passes away before the divorce is complete.  When this situation arises, the law technically states that the benefits intended for the spouse that is still married to the person who dies will receive those benefits.  Therefore, a will needs to be revoked as soon as a divorce proceeding begins just to remove this possibility.

Trusts and California Divorces

Unfortunately, despite all of the advantages that a trust will present to the drafter and the beneficiaries, these instruments can be very complicated to deal with in divorce cases.  This is particularly true when a summons has been filed and served for a divorce and then one of the spouses attempts to either modify the trust or create a whole new instrument.

In this situation, California law basically places a restraining order on that spouse from modifying or creating a new trust without the consent of the other spouse or a court order allowing this step to be taken.  However, you are free to revoke the trust altogether without interference from the court or the other spouse.

Why These Issues Matter

Divorce is generally the most emotionally charged type of civil litigation that can occur.  When something goes wrong, however, fights over estates and inheritances can also be highly antagonistic.  When these two types of cases are combined, the situation can become explosive.  In addition, the laws regarding wills and trusts in California are highly technical.

Therefore, you owe it to yourself and to those who you want to benefit from your wills and trusts to seek the help of San Diego divorce lawyers who can help you take the proper steps to protect your inheritance desires and your legacy.  Contact the Law Offices of James D. Scott immediately to schedule an initial consultation if you face this potential problem.