Legal Question in Wills and Trusts in New York

If exwife is in will when husband dies are his children able to inherit assets or do they go to exwife.


Asked on 9/22/14, 2:45 pm

3 Answers from Attorneys

Roman Aminov Law Offices of Roman Aminov

An attorney would need to review the divorce decree, but generally, a divorce has the effect of removing the ex-spouse as a beneficiary. Please consult an attorney.

Read more
Answered on 9/22/14, 2:58 pm
David Slater David P. Slater, Esq.

It depends on the wording of the will.

Read more
Answered on 9/22/14, 3:17 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Roman, that if there has been a completed divorce, and subject to the terms of the approved and in effect Property Settlement Agreement, the Will can be superceded by the divorce judgment. Thus, the children should not be effected by the negligence of their father in not updating his Will. Of course, the father is free to leave the Will in effect, if he wishes and leave his estate to his ex-spouse. So, possibly, more information is needed.

Read more
Answered on 9/23/14, 11:01 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York