When people go through a California divorce, they tend to rely on the fact that if a state law exists that speaks directly to their situation, they can rest assured that such a state law will govern that situation after a divorce is complete.   Specifically, there are laws that are in place that tend to place automatic assumptions into a post-divorce situation that basically remove the ex-spouse from the opportunity to inherit assets from an estate if the other spouse passes away.  Unfortunately, that is not necessarily the case.

Several recent cases have been filed and that are still active that involve spouses in a post-divorce situation assuming that even though their ex-spouses were named as beneficiaries on life insurance policies, in wills and in many other instruments that they would not realize those assets based on state law.  To date, even the United States Supreme Court has rule that the beneficiary designation on such an instrument will outweigh the language of a state law that would otherwise remove that ex-spouse as a beneficiary.

These decisions have led to much in the way of acrimony and shock with family members who thought they would be inheriting certain assets only to have them taken by an ex-spouse who may not have had anything to do with any of them for many years.  Unfortunately for those family members, there appears to be little if any legal recourse available.

San Diego High Asset Divorce Lawyers

What these decisions should tell anyone who is of a high net worth or who has any assets that designate beneficiaries is that they should take immediate steps to change the identity of the beneficiaries if they are either facing a California divorce or they have already completed that process.  Doing so could avoid much in the way of stress and agony in the future.

If you are dealing with a divorce or divorce related issues, you need to seek the help of San Diego high asset divorce lawyers who have helped many people emerge from this process and move on with their lives successfully.  Contact the law office of James D. Scott today to schedule an initial consultation.