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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27283
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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After over 30 years of marriage I divorced my husband. The

Customer Question

After over 30 years of marriage I divorced my husband. The divorce was final July 2016. He died one month later. His will left me as primary executor if his will. Were my rights revoked as executor revoked with the divorce?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Californis
JA: Have you talked to a laywer yet?
Customer: Not as yet. Consult with one today.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not as yet.
Submitted: 10 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 10 months ago.

Good morning. Yes, your ability to be executor of the estate would be revoked. I have provided the code below, to evidence that as well. Either the alternate executor would take over or the probate counrt would appoint someone.

6122. (a) Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all of the following: (1) Any disposition or appointment of property made by the will to the former spouse. (2) Any provision of the will conferring a general or special power of appointment on the former spouse. (3) Any provision of the will nominating the former spouse as executor, trustee, conservator, or guardian. (b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator's remarriage to the former spouse. (c) In case of revocation by dissolution or annulment: (1) Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator. (2) Other provisions of the will conferring some power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator. (d) For purposes of this section, dissolution or annulment means any dissolution or annulment which would exclude the spouse as a surviving spouse within the meaning of Section 78. A decree of legal separation which does not terminate the status of husband and wife is not a dissolution for purposes of this section. (e) Except as provided in Section 6122.1, no change of circumstances other than as described in this section revokes a will. (f) Subdivisions (a) to (d), inclusive, do not apply to any case where the final judgment of dissolution or annulment of marriage occurs before January 1, 1985. That case is governed by the law in effect prior to January 1, 1985.

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Expert:  FamilyAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!