-- Last revised Tuesday, November 12, 2002, 12:19 PM --
Estate Planning During Marital Dissolution
In a proceeding for dissolution or
annulment of marriage, or legal separation, an automatic temporary restraining
order restrains both parties from transferring or in any way disposing of any property without the written consent of the other party or an order of the court. The extent to which the ATRO restrained changes to a spouse's estate plan was not clear.
The Commission recommended that a spouse should not be restrained from making changes to an estate plan if those changes would not dispose of the other spouse's property (e.g., severance of a joint tenancy terminates a mere "expectancy", without affecting either spouse's present property interests). The Commission's recommendation was enacted by the Legislature. See below.
If you have questions or comments on this study, send email to Brian Hebert at bhebert@clrc.ca.gov.
Memo 2001-39 -- AB 873 (Harman) -- Estate Planning and Dissolution of Marriage (5/9/2001)
Memo 2001-37 -- Estate Planning and Dissolution of Marriage: AB 873 (Harman) (3/21/2001)
Memo 2000-60, Supp. 3 -- Estate Planning During Marital Dissolution (Comment of Christopher Moore) (10/4/2000)
Memo 2000-60, Supp. 2 -- Estate Planning During Marital Dissolution (Comments of Beverly Hills Bar Association) (9/28/2000)
Memo 2000-60, Supp. 1 -- Estate Planning During Dissolution of Marriage (Comments on Draft Recommendation) (9/26/2000)
Memo 2000-60 -- Estate Planning During Dissolution of Marriage (Draft of Recommendation) (8/11/2000)
Memo 2000-51, Supp. 3 -- Estate Planning During Dissolution of Marriage: Comments of James R. Birnberg [Not distributed; superseded by Memorandum 2000-60] (7/19/2000)
Memo 2000-51, Supp. 2 -- Estate Planning During Dissolution of Marriage: Comments of Beverly Hills Bar Association [Superseded by Memorandum 2000-60] (7/18/2000)
Memo 2000-51, Supp. 1 -- Estate Planning During Dissolution of Marriage: Comments of Marshal Oldman [Superseded by Memorandum 2000-60] (7/7/2000)
Memo 2000-51 -- Estate Planning During Dissolution of Marriage (Draft of Recommendation) [Superseded by Memorandum 2000-60] (6/28/2000)
Memo 99-84, Supp. 1 -- Changes in Estate Plan During Marital Dissolution (1/19/2000)
Memo 99-84 -- Estate Planning During Dissolution of Marriage (Draft Tentative Recommendation) (11/3/99)
