Divorce can be a complicated and frustrating process. Modifying your estate plan while going through a divorce can complicate things even further, especially if your estate plan is not up to date. It is important to ensure your estate plan is up to date when you are divorcing, because your spouse could inherit under your will or life insurance policy, should you pass away while your divorce is pending and fail to remove your ex-spouse as a beneficiary.
There are certain rules in California that make it tricky to modify your estate plan while going through a divorce. First and foremost, when you start your divorce by filing the dissolution petition and serving your spouse with a summons, an Automatic Temporary Restraining Orders, or “ATROS,” goes into effect. The ATROS automatically impose four rules – by way of California Family Code Section 2040 – that limit a spouse’s ability to change his or her estate plan. Continue Reading