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.
3 Answers from Attorneys
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.
It depends on the wording of the will.
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divorce, and subject to the terms of the approved and in effect Property Settlement Agreement, the Will can be superceded by the divorce judgment.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.