When you walk down the aisle, probably the last thing on your mind is getting a divorce. But when divorce happens, you have to think about more than just the court proceedings to untie yourself from the relationship. You really don’t want your ex-spouse making life and death decisions for you, or benefiting from a revocable living trust, do you?
Although California statutes protect you to a point by voiding provisions made in estate planning documents for a former spouse, those statutes only come into play once a decree of divorce or dissolution has been finalized. The best way to protect yourself is to seek counsel from an estate planning attorney as soon as your divorce proceedings begin and have all your estate planning documents changed to reflect new beneficiaries.