Legal Question in Wills and Trusts in Washington

Which form to use

I am in the process of getting a divorce. Nothing has been filed but I have told my husband that I want one and he is moving out soon. We have 2 children (ages 18 & 20)the 18 year old is still in high school but will probably be out by the time the divorce is over. Not going to request child support or college assistance.

I want to make a will, do I use the will form for ''Divorced with adult children'' or the ''Married with adult children'' or something totally different? Should I wait till my divorce is final?

I worry that if I do not have a will and something happens to me that my estate will go to my soon to be x-husband or the state and I do not want that to happen.

Thank you,

Brenda


Asked on 4/05/05, 11:22 am

1 Answer from Attorneys
Michelle Farris Law Office of Michelle Geri Farris

Re: Which form to use

While you are married, you can only write a will to dispose of your half of the community property owned by you and your husband. Once you legally separate or file for divorce, the law automatically excludes your ex from being a beneficiary of your estate, unless you specifically include him. If I were you, I would draft a will that states that you are separated from your husband, and a divorce is pending, and for that reason, you do not give any share of your estate to him. Once the divorce is final, you might update your will, but the language about the pending divorce should be adequate to exclude him from your will. You should also name guardians for your children, and if significant money is involved, set up a trust for your children so that they don't get their full inheritance when they turn 18.

If you would like help drafting your will, and other important documents (living will, power of attorney), please give me a call to make an appointment- I'd be happy to meet with you!

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Answered on 4/05/05, 1:13 pm


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