Is a Will still good after a divorce?

Has a probate estate been opened? Have you missed your time for contesting the will? If the estate is open, and you have not missed your time to contest the will, you should hire a probate attorney to contest the will and assert that your will is the valid and proper will. The person making the will must be competent under the law. S/he must be able to know who his next of kin are, be able to make his wishes known about how his estate should be divided, and he must not be under an extreme influence. Sounds like you have a good shot at it, if you haven't missed your time. Good luck.

Divorce revokes a will as to the (ex-)spouse, but I'm not sure that's your question. If your ex did not have legal capacity to make a will (because he was on medications) then the will is not valid. Or, if his son caused him to make a will in son's favor as a result of 'undue influence,' then it may not be valid. You will need to bring a will contest.

If the February will was signed by your ex and witnessed by two people, and if your ex was mentally competent and not subjected to undue influence by anyone, then the will is valid.

Divorce revokes provisions in the will in favor of the former spouse. Whether the will adopted in the hospital is valid will depend on whether your ex understood the impact of what he was doing.

If there was a will made before the divorce, it is invalid after the divorce. If the will was made after the divorce, it would be valid and must be followed.

The newer, February 21 will might not be valid. It would be invalid if due to the medications your ex husband could not understand what the implications were of doing the February 21 will. The test is how he was at the time on February 21 that he signed it, not his general condition while hospitalized. Evidence might be what was in his medical chart leading up to and on that day, and if anyone can, with their recollections refreshed from reviewing the chart or in any other way, explain his mental condition on that specific day. On such evidence, a court might find that your ex husband did not have the mental capacity to make a will on that day. Also, the February 21 will is not valid if his son imposed his desires on his father, your ex husband if it can be shown to the court's satisfaction that your ex husband wanted on February 21 something else to happen to his assets after his death. This would be undue influence by the son over your ex husband. If the February 21 will favored the son more than prior wills (as applied due to the divorce, as explained below), and is contrary to what your ex husband had perhaps consistently expressed as his wishes in prior wills, a court might find from the evidence that the son exercised undue influence over your ex husband. Even if you are successful in convincing the court to invalidate the February 21 will, it might not gain you anything. Unless the earlier will specifies otherwise, your divorce invalidated those parts of the earlier will (made when you were yet married) that 1. gifted any property to you. 2. specified you to be the executor. Essentially, the earlier will is then applied as if you had died before your ex husband did.

A divorced spouse does not inherit after a divorce as under Missouri law the surviving ex-spouse is treated as not having survived the decedent. Here is the statute: *Chapter 474 Probate Code Intestate Succession and Wills Section 474.420 * August 28, 2012 * Change in circumstances divorce. * 474.420. If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse so divorced are thereby revoked but the effect of the revocation shall be the same as if the divorced spouse had died at the time of the divorce. With this exception, no written will, nor any part thereof, can be revoked by any change in the circumstances or condition of the testator. (L. 1955 p. 385 ? 271)

Yes. A will is still valid.

Yes, a divorced person can inherit from her former spouse if he doesn't bother to change his will. However, the terms of a divorce decree may void some of the terms of the will. A will drafted under the influence of medication is not necessarily void unless it can be proved that the individual was so impaired by the drugs that he or she was not legally competent at the time the will was drafted and signed.

It will depend if your ex had the mental capacity to make the new will. Was there an attorney involved? Do you think your ex still wanted to leave you something in the will after the divorce? If so, see an attorney.

It all depends on whether he knew what he was doing. I was asked to go to the hospital and have her sign a will I did for her. When I arrived at her room I saw that she was on a ventilator. I said to her kids "she won't even know what I'm telling her. One of her kids said "go ahead and ask her if she knows what you are saying." I asked her and the son put his Hans on the side of her head and made her nod as if saying "yes." That was the end of the discussion. We didn't sign the will.

It is possible to challenge a will that was made under duress, by someone deemed incompetent at the time of signing, and for a number of other legal reasons. You should contact a reputable probate attorney for more information and so all relevant facts can be reviewed and competent advice given.

Your question is difficult to make sense of, given the limited facts. A Will is presumed to be valid, however, unless and until it is proven otherwise. Overturning a Will is very difficult. Even if you were successful in contesting the Will, it is not clear that an earlier Will would be revived. You may also have waived any and all rights under the Will, as a result of the divorce judgment or property settlement.

You can challenge the validity of the will on the basis lack of legal capacity as his mind so altered that he could not form the requisite intent to make a will, nor know what he was doing; you may have an uphill fight, so be prepared. Also, the will so designating you as a beneficiary became ineffective, as to a distribution to you, after your decree of divorce was entered.

In order for a Will to be valid it must be executed properly. To be executed properly the testator (your ex) must be competent, know the nature of his estate, the object of his bounty (who receives) and intend to convey his estate. When a person is under the influence of drugs, they lack the ability to reason and are typically deemed not competent, thus a subsequent Will should not be valid. That is at least one issue you must deal with, the second, unless the Will fails under the law a Will will stand after a divorce, granted it may need to be amended but it will still be given the full effect as when it was executed.