A: Although probate code section 6122 largely disinherits a former spouse automatically upon entry of a divorce judgment, the same is not true while the divorce is in process. As soon as possible after the divorce proceedings have been initiated, you should update your estate plan/trust, powers of attorneys for finances and health, and as many beneficiary designations as possible. Remember: divorces can last several years in court and, for estate planning purposes, the law will still consider your soon-to-be ex-spouse your current spouse and continue to leave everything to him or her (assuming those were your wishes previously) in the event you die before the divorce decree is final.
Q: Should I update my estate plan if I am getting a divorce?
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