Legal Question in Wills and Trusts in Maine
Effect of divoce on wills
Under Maine law, if a spouse is listed in will to receive all property etc, what happens if they are divorced and no new will was executed? Does ex-wife inherit or is she dropped off and children then receive?
1 Answer from Attorneys
Re: Effect of divoce on wills
Maine law creates a presumption that the former spouse is fictionally deemed to have not survived and therefore not eligible to actually inherit. However, it is possible for an ex spouse to fight that presumption to show that the decedent actually meant to still keep the Will bequest. Also important to remember that unlike a Will, under Maine and federal law, life insurance, IRA, 401k, etc that requires a beneficiary to be listed, if not changed after a divorce, will actually pass that property to the ex.
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