Legal Question in Family Law in New York
Divorce contract/settlement
I am divorced 4 yrs. My divorce agreement states that my ex hus. leaves me our/his business in his will. He died and I was told he changed the will. Does the divorce contract/agreement supercede his will?
Divorce contract/settlement.
Married 30 yrs. Divorced 4 yrs. Divorce settlement states that my ex will leave me our business in his will. I've reason to believe he changed the will and did not adhere to the divorce settlement. Does the Divorce settlement supercede the will?
Thank you.
--name removed--
3 Answers from Attorneys
Re: Divorce contract/settlement
It doesn't supersede but it may apply.
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Re: Divorce contract/settlement
A Divorce Judgement/Stipulation or Agreement can control disposition of an Ex Spouse's property.
However, the specific terms of the Judgement, Stipulation or Agreement AND subsequent events, can determine and affect the application and actual disposition of the subject property.
Good luck,
Re: Divorce contract/settlement
Divorce settlement does not supercede the will. You must object to the will and make a claim for "constructive trust".
Meaning, in the simplest of terms, pursuant to the divorce settlement, your X received the business and was "holding" it for your benefit upon his death. You relied on this promise and someone else will be unjustly enriched if they recv the business through his will.
If the business has value, you should get an attorney. You may be able to be re-imbursed atty fees through the estate if you are successful.
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