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A party in a divorce dies before divorce is final?

Question Details:My wife moved to CA from IN. I filed for divorce in CA. The divorce is taking longer than expected. Can I make up a will that states what I want to happen to my half of the divorce settlement in case I were to die? I still reside and all the property and my assets are in IN.

Asked 2 years ago under Wills, Trusts, Probate | 748 Views | More Legal Topics

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SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Wills and marriage are essentially unrelated--you can will property to a non-spouse (although some states require a minimum distribution to a spouse or child, but otherwise a person can leave property to whomever they like.) You are to be commended for thinking of this. You should decide who you would like to get any assets in the event you pass away, then consult with an IN trusts and estates attorney who can help you draw up a will giving effect to your wishes and complyng with all state laws.

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