Last Will and Testament

[laeneri 0]

Yesterday while I'm tidying our study room, I found my husband's last will and testament. The date of the Will was January 1997 when he was still married to his ex-wife. His ex-wife was named his personal representative and all personal properties will go to her. They are divorced now so my question is just incase something happened to my husband, will the law go with it and give her the right to my husband's properties? Does the divorce nullify the will or to nullify the will my husband will have to make a new one? I want to talk about this to my husband but I don't know how start or approach him. I dont know a lot about family law here in US. Please advise me.

[Anastassia 0]

Oh, I really have no idea how such things I legally solved. But I am making this entry because I can perfectly understand how you must feel. This is so much like my husband not remembering to change this kind of things. I would not be surprised if I found something like this.

And it's probably not an easy subject to discuss but you absolutely have to do it. It's his mistake that he has to fix.

Good luck

Ana

[zyggy 9]

Yesterday while I'm tidying our study room, I found my husband's last will and testament. The date of the Will was January 1997 when he was still married to his ex-wife. His ex-wife was named his personal representative and all personal properties will go to her. They are divorced now so my question is just incase something happened to my husband, will the law go with it and give her the right to my husband's properties? Does the divorce nullify the will or to nullify the will my husband will have to make a new one? I want to talk about this to my husband but I don't know how start or approach him. I dont know a lot about family law here in US. Please advise me.

The answer is yes.. if his will states that, it is still legally binding, unless you live in a community property state.. also the divorce judgement could have some clauses that would restrict her access to his assets... but she could still serve as his executor..

This is why it's vital for anyone to revisit their estate planning every two or three years or so, or when a life changing event happens to change their estate planning documents...

You and your spouse should go to an attorney and get a new will for each of you as well as financial and medical powers of attorney..

I wouldn't confront him with the old will.. he's probably forgetten all about it... I would approach it with the fact that the two of you are now married and you're worried about what would happen if something were tohappen to him.. any time is a great time to approach your spouse about the need for estate planning...

Edited April 12, 2006 by zyggy

[Rocio 0]

Yesterday while I'm tidying our study room, I found my husband's last will and testament. The date of the Will was January 1997 when he was still married to his ex-wife. His ex-wife was named his personal representative and all personal properties will go to her. They are divorced now so my question is just incase something happened to my husband, will the law go with it and give her the right to my husband's properties? Does the divorce nullify the will or to nullify the will my husband will have to make a new one? I want to talk about this to my husband but I don't know how start or approach him. I dont know a lot about family law here in US. Please advise me.

The answer is yes.. if his will states that, it is still legally binding, unless you live in a community property state.. also the divorce judgement could have some clauses that would restrict her access to his assets... but she could still serve as his executor..

This is why it's vital for anyone to revisit their estate planning every two or three years or so, or when a life changing event happens to change their estate planning documents...

You and your spouse should go to an attorney and get a new will for each of you as well as financial and medical powers of attorney..

I wouldn't confront him with the old will.. he's probably forgetten all about it... I would approach it with the fact that the two of you are now married and you're worried about what would happen if something were tohappen to him.. any time is a great time to approach your spouse about the need for estate planning...

i agree, this is probably that he forgot, but definitly most be discussed..........good luck

[Trompe le Monde 1,107]

Yeah -- I'm sure he forgot about it, I'd just mention you happened to find it and thought it might be a good time to update!

[Jasman0717 9]

He should redo it. I have a living trust and will and my attorney (believe it or not my ex) and I review it about once a year.

[Satisfaction 1]

Some divorce decrees stipulate that ex-spouses financial obligations towards each other end when the divorce is pronounced. Not all do. Sometimes life insurance, alimony and child support may be granted to the ex spouse and children. It all depends what was stated on the divorce papers.

[Kajikit 65]

He needs to redo his will ASAP. If he got run over by a bus tomorrow everything would go to his ex-wife according to his written wishes, and nothing would go to you. I'm sure that's not the way he'd want it to be - it probably never occurred to him to change it.

[rebeccajo 14]

You're not going to get your answer here because divorce laws and laws of descent vary from state to state.

The only certain answer here is that he needs to speak to an attorney.

[pax 0]

Just out of curiosity, how much does it generally cost for a simple will/living will type thing?

[zyggy 9]

Just out of curiosity, how much does it generally cost for a simple will/living will type thing?

If it involves a simple estate (not much assets, no chldren, etc.) , you can get a simple will, medical and financial powers of attorney for a few hundred bucks.

[rebeccajo 14]

Just out of curiosity, how much does it generally cost for a simple will/living will type thing?

If it involves a simple estate (not much assets, no chldren, etc.) , you can get a simple will, medical and financial powers of attorney for a few hundred bucks.

Yup. In our office a simple will is only $75 and POA's are $25. I'm not a big advocate of running to a lawyer for every little thing, but even if you have to pay a bit more than that (my boss purposely keeps fees low on these services because he thinks everybody needs them) it's worth every dime to get a private consultation to make sure you are on the right track.

I nearly get ill each time I read of somebody doing their will from a form they got off the web or a book. Do you go to the butcher for heart surgery? Death is a major life event (sorry for the poor word choice) - spend a few bucks to get it right.

[laeneri 0]

So I talked to my husband about this last night. I asked him why he hasn't changed his Will since he and his ex-wife had been divorced for three years. He said since he was single, no siblings and his mother is old, and they have a child he didn't thought much about it. I asked him, then why didn't you tell me about it, we've been married for 7 months? He said he wanted to wait ' till I get here int he US so we can do it together so that we can talk about it and that I will have a say in his Will. I told him I've been here for a month now and you have not said anything about it 'till I saw it and asked about it. I think this matter is very important and should have been dealt before I got here or as soon as I got here.

I don't really know what to think and I'm confused about his reasons. It hurt me. If something had happened to him, I can't do anything?He said he will change it and had talked to a lawyer already. But this matter had hurt my feelings.

[rebeccajo 14]

So I talked to my husband about this last night. I asked him why he hasn't changed his Will since he and his ex-wife had been divorced for three years. He said since he was single, no siblings and his mother is old, and they have a child he didn't thought much about it. I asked him, then why didn't you tell me about it, we've been married for 7 months? He said he wanted to wait ' till I get here int he US so we can do it together so that we can talk about it and that I will have a say in his Will. I told him I've been here for a month now and you have not said anything about it 'till I saw it and asked about it. I think this matter is very important and should have been dealt before I got here or as soon as I got here.

I don't really know what to think and I'm confused about his reasons. It hurt me. If something had happened to him, I can't do anything?He said he will change it and had talked to a lawyer already. But this matter had hurt my feelings.

Aw, he's a boneheaded man. Make him take you out to dinner and then try to forgive him. I think you are probably more 'shocked' by seeing physical, on-paper evidence of his old marriage. I don't think this is worth war - try to put it behind you.

[Trompe le Monde 1,107]

Yes, I think Rebecca is right - and if he is someone who typically proscratinates about stuff, I wouldn't take too personally. Since you've been dealing with immigration stuff and your arrival, it might not have been his most immediate priority, but it doesn't mean he didn't want to do right by you.