How Will My Property Be Distributed If I Die Without A Will Before My Divorce is Final?

If you and your spouse are planning to divorce, you probably wouldn’t want your property distributed to him or her if you died while your divorce is pending. But if you don’t have a Will and die while married, your estate will be divided according to a statutory formula that doesn’t take into account the status of your relationship. According to the intestacy statutes, if you are married and are survived by a spouse and children, then: Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse; Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest. If you do not have any children, then your surviving spouse will inherit all of your community property. The statutory formula is different if your property is characterized as separate property: If you are survived a spouse and children, your…

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