My husband and I were married for 30 years. We separated 3 yrs ago. He is homeless and I don't no his location.. I plan to file for divorce, I have recently received money left to me from my fathers passing. I am having a Living revocable trust done up. How will this work? I want my adult daughter to be my only beneficiary . Do I have to file as married, if I plan on filing for divorce.
Answer
You will want your estate plan to include a will and a trust that lists your daughter as the beneficiary and intentionally excludes your estranged husband. You should also file the legal separation/divorce papers with the Court, understanding that lack of service is problematic at this point on your husband but it will start the clock running. In California, inheritance is generally deemed separate property so that should be identified with specificity in the estate plan.
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