Legal Question in Wills and Trusts in Connecticut

divorce decree vs. will

My father passed away 9/16/08--a little over a month ago. When he was alive he told me he couldn't honor the divorce decree stating he was too broke to pay my college education. Since he's passed, I found out his house worth 400,000 is paid off and he has 500,000 in the bank. The divorce decree also says he is supposed to have me as a beneficiary of his life insurance and pension (no end date/age cutoff). He cashed out of the life insurance and removed me as beneficiary to pension. Step-mother is refusing to probate will till ''she's ready.'' If most of his assets were in joint accounts (cars and some savings in his name only), can I still sue her as the beneficiary for contempt of the divorce decree? I haven't seen the will either because she refuses to give me the name of the lawyer. Father said I was supposed to get the house after both died, but how can this be in joint tenancy? Especially if she snubs me and gives the house to her family... Can the will make her? Please help!!!


Asked on 10/28/08, 10:34 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: divorce decree vs. will

I'd have to see the decree and the will, but you can force the issue with the will by filing an application for administration yourself with the probate court. That would force them to file the will.

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Answered on 10/29/08, 10:21 am


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