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When a divorce case arises and a will or wills are in place that designates assets to both spouses, the situation can be resolved by California law if certain conditions exist. If these conditions are not present, however, the situation can quickly become extremely complicated and antagonistic. Therefore, if you face this situation you need to seek the help of San Diego wills attorneys as soon as possible so that the proper steps can be taken to protect your legal rights. Below is a brief introduction to this issue.
When a California divorce case arises and there are wills in existence that confer certain assets to both parties to a marriage, the law generally provides that when the divorce is complete, those provisions that confer those assets to a marital estate are generally invalid. This is especially so if one or both spouses have wills that leave assets to the other. In general, a will that confers benefits on a married couple that comes from the parent of one spouse will thereby confer those benefits on the child of those parents and not the ex-spouse after the divorce is complete.
Unfortunately, the law does not provide for every situation that could arise. For instance, if one of the spouses dies after a divorce begins but before the divorce is complete, wills that leave assets to the married couple could still pass to the other spouse since the parties were technically married when one of the parties passed away. This could lead to extremely difficult situations where the former party to a divorce is working against other family members to acquire the assets mentioned in the will.
When someone is beginning a divorce proceeding, the best immediate step to take is to locate any wills that may mention both parties to a divorce and have them changed immediately. If the spouses have wills, those should be adjusted to remove the other spouse, and if other family members mention both parties in their wills, those should be adjusted as well in order to eliminate situations like the one mentioned above.
If you are about to begin a divorce and you face this potential problem, you need to seek the help of experienced San Diego wills attorneys who can help you identify the potential parties who have mentioned you in wills and help you adjust yours so that your legal rights are protected. Contact the Men's Legal Center today to schedule an initial consultation.