Legal Question in Wills and Trusts in New York
Ex wife still executrix and beneficiary
My fiance who is divorced with two minor children still has a will with his ex wife named as executrix and beneficiary and they are not on good terms. Even though his estate is not huge, what would happen should he die? Do you have any advice?
3 Answers from Attorneys
Re: Ex wife still executrix and beneficiary
This is a difficult situation because of the children. If he is already on bad terms with her and now terminates her executor status, she may see this as not only an attack on her, but justify her anger by thinking it is an attack on her children.
But this is likely only a temporary problem. His ex-wife must find her maturity and deal with YOUR husband's new life. It is a bad idea to give this kind of control to the ex-wife. A new will is easy and not expensive. You are welcome to a consultation at no charge at my offices at 42 west 44th st., ny,ny. Please call for an appointment frist - 646-591-5786
Re: Ex wife still executrix and beneficiary
If he wishes,he can always make a new Will.
Re: Ex wife still executrix and beneficiary
Most divorce settlement agreements usually contain language for a mutual waiver of inheritance rights, etc. Since you may not know what is in his agreement, you may wish to suggest that he change his will ASAP.
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