How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 22804
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

My parents are divorced and included in their divorce decree

This answer was rated:

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.
---------------------------------------------------------------------

 

Thank you for using JustAnswer. Further questions please post here otherwise kindly rate 5 stars ⭐⭐⭐⭐⭐ if you feel I have earned it. All information is for educational purposes only and the terms and conditions of the site apply which prohibits the establishment of an attorney client relationship as this is a public forum and there is no attorney client confidentiality. For personal legal advice please contact your county bar for a referral to a private attorney that will be able to review the specific facts of your case in detail and render a detailed opinion based on that after an attorney fee agreement and conflict of interest check is done. A personal attorney can be located here: https://www.americanbar.org/groups/legal_services/flh-home/flh-hire-a-lawyer/ How to hire an attorney: https://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family_legal_guide/chapter_1.authcheckdam.pdf This answer is not intended to, nor does it create an attorney-client relationship. It is not intended to constitute either legal advice or attorney advertising. Rather, in conformity with the terms of the website, it is offered solely for information purposes, for the customer to use as a starting point when speaking with a lawyer licensed in their location. Thank you.

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

Thank you.