Many states have laws that prevent one spouse from disinheriting another spouse within a Last Will and Testament. As such, it may be wise to wait until the Divorce proceedings are finalized to create a new Last Will and Testament.
Last Will and Testament Questions
Answers to Frequently Asked Last Will and Testament Questions
How Do I Know if Distribution of my Family’s Will is to be Per Stirpes or Per Capita?
Typically, the words ‘per stirpes’ or ‘per capita’ are used directly within the language of a well-written Last Will & Testament document.
How is a Joint Will with an Ex-Spouse and Children Handled if Other Ex-Spouses and Children Exist?
In most states, upon Divorce the law treats a former spouse as if he or she died before the Testator, i.e. the person making the Will.
But typically the remainder of the Will continues to be effective.
So generally, a former spouse of a Joint Will is treated as deceased and the children named in the Will remain as beneficiaries.
But not always.
If a Married Couple Has Individual Wills, Does the Will of the First Spouse to Pass Go to Probate?
Yes, for a married couple with individual Last Will and Testament documents, the Will of the first spouse to pass must be Probated. Once Probate is completed on that spouse’s Will, only the remaining Will document would still be in force.
How Does a Beneficiary Deed Work in Conjunction with a Last Will?
A Beneficiary Deed is a transfer-on-death instrument. That means when this form of Deed is used in conjunction with a Last Will and Testament, probate is avoided.
Why Won’t My Deceased Father’s Bank Honor His Last Will and Provide Account Access?
Banks do not accept a Last Will and Testament document as proof to provide access to funds in an account for obvious reasons.
If a Property Was Quitclaimed Years Ago to One Child, Can a Will Give Shares to Other Children?
If a real estate property has been properly assigned via Quitclaim Deed to any other person, that property is no longer an asset of the person who gave it away.
What Happens if I Can’t Find My Parents’ Will After They Die?
Generally, if a Last Will and Testament cannot be found after the death of a family member (or even a copy of the original Will document), it may be presumed that the person died intestate, i.e. without a Will.
If My Spouse Had a Home and Child Prior to our Marriage, Do I Get the Home If He Dies?
The answer to this question would depend on a number of factors:
Can an Will’s Executor Use a Quitclaim Deed to Transfer Listed Property?
An Executor has no authority to sign a Quitclaim Deed on behalf of a deceased person.