Parent’s Will Leaves Money to Ex Spouse to Inherit

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 the 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 includes 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 if you do not want the ex spouse to inherit.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.