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. Therefore, 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 right after I file for divorce, or should I wait until it’s finalized?
