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Does a living Will end with divorce automatically or does…

Customer Question
Does a living Will...

Does a living Will end with divorce automatically or does its end have to be in settlement.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

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Settlement drafted but silent on Living Trust. Does it need to be mention in settlement for cancellation

Submitted: 10 months ago.Category: Family Law
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Answered in 1 minute by:
11/12/2017
Family Lawyer: Jessica B,
 replied 10 months ago
Jessica B
Category: Family Law
Satisfied Customers: 2,097
Experience: Attorney at Donald B. Linsky & Associates, PA
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Family Lawyer: Jessica B,
 replied 10 months ago

California courts have held that any provision providing for a former spouse in a will is automatically revoked upon divorce. In other words, if you name your spouse as your primary beneficiary upon your death and forget to revoke your will before divorce, a final divorce decree will automatically strip your spouse out of your estate plan.

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Family Lawyer: Jessica B,
 replied 10 months ago

Although a divorce or annulment does revoke provisions for a former spouse in a will, it doesn't automatically revoke a living trust in every instance. If you and your spouse have established a living trust, your required course of action depends on where you stand in the overall divorce process.

  • If you haven't yet filed a petition for dissolution, chances are you can revoke your family trust simply by delivering a signed statement to your spouse indicating that you are doing exactly that. In rare circumstances, a trust agreement will require that both spouses consent to revocation. Check your trust agreement to determine if this applies to you.
  • If you've already filed a petition for dissolution and a summons has been served, an automatic restraining order comes into effect that prohibits you from modifying your trust or creating a new trust without the consent of your spouse or a court order. However, you are permitted to revoke your trust by filing and serving notice on your spouse before the change takes effect.
  • Once your divorce is final, you are free to revoke your family trust by sending a signed statement to your former spouse indicating your decision. Again, check your trust agreement to ensure that the consent of both of you isn't required
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Customer reply replied 10 months ago
This is a living Trust between so to be ex-wife and me Which gives her the right to all my property. Is living trust cancelled with divorce or does it have to be spelled out in settlement agreement?
Family Lawyer: Jessica B,
 replied 10 months ago

There is no requirement that the living trust be addressed in the settlement agreement; however, many divorcing couples do address them in the agreement as a way to avoid any future complications.

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Family Lawyer: Jessica B,
 replied 10 months ago

Please let me know if you have an additional question or need any clarification. Please remember to rate my service. Thank you!

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Family Lawyer: Jessica B,
 replied 10 months ago

I have not heard back from you. Is there anything else I may help with?

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Family Lawyer: Jessica B,
 replied 10 months ago

Do you have an additional question? If not please rate my answer so that this question may be marked as closed.

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