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Parent’s Will Leaves Money to Ex-Spouse

What happens if your mom or dad remarried, and left money in a will to your stepparent, but then they got a divorce before your parent died?

Does that ex-spouse still inherit, or even serve as executor of the probate estate?

The answer is no.

California law holds that unless the will specifically included language giving an inheritance even in the event of a subsequent divorce, the now-ex-spouse is disinherited.  And, an ex-spouse’s nomination to serve as executor is revoked.

This may come as a relief to you if you are a child in this situation, but remember, you can’t just sit on your hands and wait for something to happen on its own.  It’s not an automatic process.  This is an urgent matter that must be addressed in court as soon as possible.

 
Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307
 

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