Updating Your Will After Divorce

Leaving Property Pt. 2

A lot of states revoke any gifts the will you made when you were married would leave to your ex-spouse. In California, both a divorce and annulment of marriage revokes the bequests to an ex-spouse in your will. (Cal. Probate Code § 6122.) The remainder of your will would not be affected.

Some states also take into account bequests to your ex-spouse’s relatives. After a divorce, Arizona state law revokes any promises in a will to those related to your ex by blood, marriage, or even adoption (Ariz. Rev. Stat. § 14-2804.). This would mean that property or gifts left to your former stepson or stepdaughter would be revoked in these states.

The state of Florida has a similar stance on the nullification of your ex-spouse as a beneficiary in your will. There are a few important exceptions to this. Your ex-spouse could still inherit if you die while still in the process of your divorce. If you do not have the authority to change the beneficiary designations. If a property or asset is part of a final judgment dictating that it must be used as some form of alimony or child support. As well as a number of other exceptions.

During this tumultuous and complicated process, you may need a child support attorney, divorce attorney, or even an alimony attorney to help you navigate the red tape. Thankfully you do not need to hire three different lawyers. Contact Brandon Legal Group today, we can provide you with all of the legal guidance and support you need. Your initial consultation is complimentary.

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