Legal Question in Wills and Trusts in California

wills and powers of attorney

in a legal separatiion, what powers

does and outside probate have.


Asked on 1/05/08, 4:13 pm

3 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: wills and powers of attorney

anyone who is in the process of a legal separation, marital dissolution or divorce should consult an estate planning attorney to update and modify your estate plan. of particular importance are assets held in joint tenancy, as these will normally pass to the surviving joint tenant (which is usually not what is intended).

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Answered on 1/06/08, 12:34 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: wills and powers of attorney

This question makes no sense.

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Answered on 1/05/08, 6:53 pm
George Shers Law Offices of Georges H. Shers

Re: wills and powers of attorney

Is your question what power does the surviving spouse of a legally separated couple? If so, they are still husband and wife up to the death of one, so the same powers should exist as if they were still living together. But look to see if there is a Will or Trust, as those are superior to the marriage relationship.

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Answered on 1/06/08, 1:01 am


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