Legal Question in Wills and Trusts in California

New will going and through a divorce

In the process of going through a divorce. I wish to make a new will. How do I correctly address ''my husband'' since the divorce proceedings are in process. And I do not wish to include him in any bequeth.

Thanking you in advance for your assistance.


Asked on 5/30/03, 7:37 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: New will going and through a divorce

He is automatically eliminated from your old will upon divorce.

Depending on your assetts, you should seriously consider a living trust rather than a will.

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Answered on 5/30/03, 7:44 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: New will going and through a divorce

Because he's not eliminated under the law as a beneficiary until your divorce is final, you should list him in the will as your current spouse and note that a dissolution action is pending. The will can also state that you are with full knowledge disinheriting him as a beneficiary and that you intend to remove him completely as a beneficiary.

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Answered on 5/30/03, 7:57 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: New will going and through a divorce

not a problem whatsover. if you would like assistance in drafting a new will and/or a living trust, feel free to email my law office directly for further assistance. thanks for your question.

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Answered on 5/30/03, 8:02 pm


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