Full question:
I am divorced but getting married. Can I will everything to my children that is mine when we get marriad? I live in California.I have my Living Trust already made before marriage...
- Category: Wills and Estates
- Date:
- State: California
Answer:
In California, a person can will their property to their children, regardless of whether they are biological or stepchildren. It’s advisable to update your will to specifically name all children to prevent any claims of being unintentionally left out. A pour-over will can be used alongside a living trust to ensure that any assets not included in the trust are transferred to it upon death. This type of will helps manage assets that were not placed in the trust during the person's lifetime.
Separate property, which includes assets acquired before marriage or received as gifts or inheritances, is generally not considered community property. However, if separate property is used for the benefit of both spouses during the marriage, it may be treated as community property. Documentation showing the source of funds is important if separate property is used to purchase joint assets.
To maintain the separate nature of your property, avoid commingling it with marital assets. A prenuptial agreement can also help define what is considered separate property and protect it in the event of divorce. It’s important that both parties have their own legal counsel when creating a prenuptial agreement to ensure fairness and full disclosure of assets.
In summary, you can will your property to your children after remarrying, but it's wise to review and update your estate plans to reflect your current situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.