How Can My Divorcing Clients Plan Their Estates with the ATROS in the Way?
by Jennifer Crum and Kim Schoknecht2007-05-01
Introduction
Once a petition for dissolution of marriage has been filed, the petitioner is bound by the Automatic Temporary Restraining Orders ("ATROs") set forth inthe Family Code 2040. These ATROs constrain the changes that may be made to the petitioner's estate plan. Similarly, once the respondent has been served with the summons and petition for dissoultion, he or she is bound by the same rules. These ATROs make determine the changes our clients may make to their estate plans until their divorce settlements are final and all issues have been resolved. Understanding the limitations of the ATROs isn't difficult, but requires careful analysis of both the Family Code and the Probate Code. We can provide a great deal of peace of mind for our clients if we understand the interaction between these two Codes, and can guide our clients through the limitations of their somewhat confusing rules.
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