Legal Question in Wills and Trusts in Missouri

I was wondering. When I was divorced the decree says I shall pay my husband $15,000.00 if I were to ever sell my home. He has now been diagnosed with cancer in which he is terminal. My question is that he has since remarried. Can his current wife come after me for the money? We have a son together and have discussed that he would end up with most things. (nothing in writing).

He has been on disability a long time and the current wife does not work. So he can't afford to have a will drawn up.


Asked on 8/03/10, 12:14 pm

1 Answer from Attorneys

Anthony Smith LawSmith

It appears that your decree will prevail. It may be adviseable for you to "settle" with your ex husband. Depending upon the wording of the rest of your decree, his new surviving souse may be able to claim the $15,000. It may already pass ( or at least half of it) top your Son without the need for a Will. this i sagood question to ask the attorney that drafted the decree or represented you in the divorce. If you do not want to undertake that expense, you might offer your husband part of the $15,00 before he passes, so that he can waive your need to pay his new wife when he dies.

Good luck

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Answered on 8/08/10, 2:12 pm


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