Legal Question in Wills and Trusts in New York
Does a will supercede a Pre-divorce settlement agreement?
My husband died in October 2006, having refused to sign divorce papers so that he could stay on my medical plan. He did not tell me he was sick. We had executed a settlement agreement that stipulated that all his assets at his death would go to our children. He subsequently wrote a will leaving a substantial sum of money to a childhood friend, directing that it be given ''immediately upon his death''. His family refused to share the will or trust fund with me until 12.06. There are remaining posessions that his family has kept. My question is, ''Does a will supercede a settlement agreement, or vice-versa''? I cannot afford private counsel as it would cost more than what I could potentially recoup. I also suspect that my husband's assets, intended for my children, may have been misappropriated while he was sick. I appreciate your advice on behald of my two young sons and myself.
2 Answers from Attorneys
Re: Does a will supercede a Pre-divorce settlement agreement?
You stated that the amount in question is so little that it is not worth hiring an attorney over, and yet the only way to protect your children's rights is through the court system by contesting the will at the probate proceeding.
If you would like to arrange for an affordable consultation on this matter, you may contact me via email.
Re: Does a will supercede a Pre-divorce settlement agreement?
Unless you waived it in writing, you also have a right of election.
This could entitle you to $50,000 or more of the estate's assets.
There are strict time limits, so it is essential you consult an attorney to determine your rights and your children's rights.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
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