Legal Question in Family Law in New York
making a will when seperated
I have been seperated for almost 4 yrs. I guess funds are keeping up from proceeding. I want to make a will asuring my children get my stock left to me by my mother, my 1/2 of the house & all of my 403B contributions. I can only find forms on line for married with adult children or divorced with adult children. If I fill out the divorced one it probably won't stand up in court. If I fill out the married will my spouse automatically gets everything? What do you advise?
1 Answer from Attorneys
Re: making a will when seperated
You can draft a will specifying what you want, the issue becomes that without a formal separation or divorce, your spouse could challenge it. You can sue for divorce on the grounds of separation.
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