Legal Question in Wills and Trusts in New Jersey

Re: Divorce and Will Enforcement

The failure to update a Will after a divorce can be a big problem. Just because the divorce occurred does not mean the Will is invalid. In order to receive a specific opinion on a probate issue, however, you need to retain an attorney to review the Will and other relevant facts and circumstances. If it is your intention to challenge the existing Will, it is definitely necessary to retain an attorney. Please contact me, see below, if you wish to discuss retaining my services. Or call me at 973-605-8995.

Re: Divorce and Will Enforcement

In part, it depends upon what was contained in the divorce decree and/or property settlement agreement at the time of the divorce. Traditionally, the decree or agreement provides that rights of inheritance are terminated by the divorce. However, there may have been rights agreed to that require some inheritance. If inheritance rights were terminated, a Will executed prior to the divorce may not be valid as to the ex-wife's rights, but it raises questions. Is it possible for the ex-wife to acknowledge no rights, allow the Will to be probated, and, to eliminate any questions, disclaim her rights under the Will? This would allow the Will to be probated, but ensure all of the assets go to the daughter. If you need assistance, contact me directly.