Legal Question in Wills and Trusts in Massachusetts
Does will overide a previous divorce agreement
Sister's husband passed away 10/1/06. He was in an accident over 20 years ago that left him in a wheel chair. She married for 10 years. She is a nurse and took care of him for all ten years. The past few being very difficult. This past year he even was on a vent and she still took care of him at home, he was in and out of hospital many times. He went to a lawyer and made out a new will in 2003 and left the house(which is in her name now anyway) and almost everything else to my sister. He left only small amount of ''retirement fund'' money to his two adult sons who almost never saw him or helped in anyway. My sister just received a ''warrant-summons'' to appear in court because the ex-wife (from about 18 years ago who left him) is suing my sister for $450,000. There was a copy of the Divorce Agreement from 18 years ago which said that He would agree to leave the ex-wife and sons on all assets(house, life insurance pension, etc.) and that if he were to remarry the new wife's name would not be added to anything. This does not make any sense, besides my sister, has been obviously put on his insurance policies, etc. and He stated in will that will makes null and void anything else. Does New Will make al else void?
2 Answers from Attorneys
Re: Does will overide a previous divorce agreement
Your sister is in for a tough legal battle and should take steps to protect her home and assets. i will need more informtion on the history of the transactions before I can advise on the potential outcomes and how best for your sister to secure her inheritance.
Re: Does will overide a previous divorce agreement
Your sister has a tough legal position and should contact an attorney immediately. She has dower rights with respect to the marital home notwithstanding the separation agreement.
However, the separation agreement is enforceable against her husband's estate.
Moreover, she has her own claims both by statute and under the Will.
The issue will be the enforceability of the Separation Agreements terms against the estate and the purpose of the provision relied upon under the Separation agreement.
You need an attorney who is both familiar with divorce law and estate probate law.
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