Legal Question in Wills and Trusts in Arizona
Wills
Person legally married, but filed for divorce. Had a mild stroke & wants to make sure soon to be ex doesnt get any property if something happens before divorce
final. What kind of paperwork needs to be drawn up so it known as current wishes.
Wants adult children/grandchildren to have everything.
Thank you.
1 Answer from Attorneys
Re: Wills
Thank you for your inquiry.
If the person wanting the will (the "testator") is mentally competent to execute the will (even if there are physical limitations), a very simple will can be drawn up to specifically disinherit the to-be-divorced spouse. After the divorce is final, a more complete estate plan can be considered.
Generally, the filing of the divorce would negate any "spousal provision" in an existing will, but this is not clear cut.
If you would like to speak with me regarding a simple disinheritance will, please email me at [email protected]; I can prepare this type of document for a very small fee (approx. $50) and with a very fast turnaround (1-2 days upon receipt of necessary information). I can transmit the document electronically to you if you have access to a notary and two witnesses at the time of signing.
I hope this information is useful for you.
/s/ Monica H. Donaldson