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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 22804
Experience:  Experienced Family Law Attorney
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My parents are divorced and included in their divorce decree

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My parents are divorced and included in their divorce decree it said that each of them would design a will that would split equally any assets between my sister and I in the event of their death. My father passed away a couple of weeks ago but he did not honor the condition of the divorce decree and wrote his will and trust in favor of my sister only. which takes presidance, the divorce decree or the will that doesn't includ me?
JA: Were any of the assets acquired before the marriage? Or given through an inheritance?
Customer: The assets were all acquired during the marriage.
JA: Where are you located? Divorce laws vary by state.
Customer: CA
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 1 month ago.
Thank you.

I am sorry to hear this;

the will controls the estate, but the omitted heir can sue the estate, citing a divorce decree that is an effective court order;

the probate court judge would review the decree and based on the language of the decree determine if the will is invalid, or if the omitted heir has a claim against the estate that takes precedence over the will.


I hope this helps. Did I address this to your satisfaction?

Please let me know by answering YES or NO as this is important to me.


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LegalGems and 6 other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Yes! Thank you.

Thank you.