Legal Question in Wills and Trusts in Colorado

Divorce agreement VS will
A man gets divorced in Connecticut. Part of the divorce decree states that he must maintain a life insurance policy on himself for $150,000.00 for the child of this marriage until the child is 18 years of age, naming the child as the sole beneficiary, because he has children from an previous marriage. The man subsequently re-marries, and moves to Colorado, where he dies when the child in question is only 12. There is no such life insurance policy, but he has a will. In his will, he leaves a cash payment of only $15,000.00 for this child, and subsequently splits up the rest to his current wife and other former children. Can the mother of the twelve year old fight the will?? Does the CT divorce decree supercede the wil?? Thank you, I know this one is complicated.

Asked on 3/24/03, 10:07 pm

2 Answers from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

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Re: Divorce agreement VS will

I agree with Atty. Blewitt that one must review the will and the divorce decree. However, assuming that neither document mentions the other, and, the will was executed after the divorce, then it makes sense that the will would supercede the divorce decree as far as the distribution of the assets of the estate.

However, the mother of the 12 year old has every right to go back to court and hold the "father" in contempt for failing to maintain the life insurance policy. The mother would have to sue his estate to obtain the funds. It gets a bit more complicated and beyond this posting what happens if the beneficiaries already have received distribution of the estate assets.

Answered on 3/25/03, 12:56 pm

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