How would you feel if your evil ex-husband or witch of an ex-wife received your life insurance after you die? Talk about rolling over in your grave!?
Upon filing for divorce, in California, there are automatic restraining orders. Among them, you are not allowed to make changes to non-probate transfers without the consent of your soon to be ex-spouse. This means you can make a new will (since that’s a probate transfer) but you can not change your trust, IRA, 401k or life insurance beneficiary.
Yes, some people die during extended divorce proceedings and their not quite ex-spouse gets the asset. This is not the outcome many want but it’s often unavoidable. However, after the divorce is complete it is avoidable but you might have to take action!
Some beneficiary designations are auto
I was asked to speak today to the Sacramento County Bar probate and family law joint meeting. That is, the monthly meetings normally take place separately. One for the probate/estate planning attorneys and one for the family/divorce attorneys. Today they met together. With me, on the panel, were two divorce attorneys and a superior Court Judge who does both family and probate law.
The issues were interesting running through many crossover issues between estate planning and family law. That is, what happens if you are about to get divorced and you get your estate plan done? Or what happens if you have a family law custody case, someone dies, and then someone files for a probate guardianship? Or change of beneficiary forms during divorce? Or how the automatic restraining orders appl