Legal Question in Wills and Trusts in Florida
My sister is getting a divorce. What can my elderly parents do to keep her soon to be ex from receiving ANYTHING from them if they pass before the divorce is final? Would whatever they leave her, have to be split with him @ time of divorce?
3 Answers from Attorneys
It depends on what their will says. Assuming they bequeath some property or money to your sister and not sister and husband, then they really don't need to do anything. The reason is because that would not be her husband's property even if passed before the divorce. That said, in order to fully protect any of those assets from going to the ex, the parents might want to do an addendum (codicil) to the will which specifically excludes your sister's husband. Feel free to give me a call if you need assistance with this.
Craig Epifanio
727-528-1859
Your parents should consult with an estate planning attorney to ensure that the ex does not receive an inheritance, and your sister should discuss what may be considered marital property with her attorney. Regards,
Assuming he is not in the will, what they leave to her does not become his property. If he is in the will, then they need to fix that.