Impact of Marriage or Domestic Partnership on Existing Wills

What happens if a person makes a will and thereafter marries, or registers as a domestic partner, and the new spouse, or new domestic partner, is not provided for in the will or otherwise provided for or disinherited? Unless a Will or Trust provides for a new spouse or domestic partner, or clearly indicates the new spouse or domestic partner will receive nothing, the marriage effectively and automatically invalidates any pre-existing Will or Trust.

If, for any reason, a surviving spouse or domestic partner feels their property rights have been violated, it is crucial they he or she get in touch with a probate attorney as soon as possible to devise a legal strategy.

The new spouse or domestic partner may receive all of the decedent’s property, or one half or one third of the decedent’s property depending upon whether the decedent is survived by children or close relatives.

In addition, the surviving spouse or surviving domestic partner may be entitled to all community property assets. What this means, barring a written agreement to the contrary, is that the surviving spouse or surviving domestic partner automatically owns half of what either spouse or domestic partner earned during the marriage or the domestic partnership or acquired with community assets. Upon one spouse’s or domestic partner’s death, the surviving spouse or domestic partner is automatically entitled to decedent’s one-half of the community property.

Please contact Quinn & Dworakowski, LLP if you are involved with the death of a person with a Will or without a Will. We handle probate matters in all California counties, including Southern California Counties, such as Imperial County, Los Angeles County, Orange County, San Bernardino County, and San Diego County. We also represent parties residing outside of California that have probate matters affecting real and/or personal property in California. You can reach us at 949-660-1400.

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