Legal Question in Wills and Trusts in New York

last will done prior to parents divorce

If my parents had a will when they were married, and my father never had a new will prepared - is the initial one still valid?

It gives everything to my mother, with my brother and I listed as getting 50/50 if she predeceased him. Can we still go off of this will, or is it invalidated by my parent's divorce?

If invalidated by divorce - what do we have to do now since there would seemingly then be no will?


Asked on 12/15/08, 2:48 pm

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: last will done prior to parents divorce

Divorce does not invalidate your father's Will. His Will is still valid. However, the divorce may effect the manner in which your father's property passes. I suggest that you consult with an attorney to discuss all of the issues.

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Answered on 12/15/08, 2:54 pm


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