QUESTION
my ex husband did a will a couple of years before we were married. in the will i am referred as "my friend". he left me everything.
Asked on Sep 20th, 2011 on Wills and Probate - New Jersey
More details to this question:
the will was never changed. he took his own life and left a note for his eldest daughter leaving her everything. his note was typed not written. both are being probated and her and i are about to get into a legal battle. even though we were married and divorced, does the will stay the same? am i still going to hold rights as a beneficiary?
2 ANSWERS
2 Awards
Usually the law in New Jersey is that in a will your ex-spouse is treated as if they "predeceased" you. that means that a will that names a spouse as a beneficiary skips the now ex-spouse and the distribution goes to the next in line. In your case its not that simple because the will was not made while you were married and does not refer to you as his "spouse". The Court will need to look at all of the circumstances involved, what were the terms and conditions of the divorce, what marital assets remain, how were those split, what does the estate consist of, etc. There are different variables. At the very least, you should file a caveat against the probate of that type written document as a will, because it does not meet the requirements of a holographic will.
Answered on Nov 15th, 2011 at 12:32 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship
Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK
at
Gale Allison, PLLC
Update Your Profile
Your state law controls the answer. Only a court can decide if the suicide note qualifies to revoke the prior Will.
As regards the Will, in most states, if a Will is made during a marriage and the couple later divorces, the statutes (laws) usually say that the divorce voids any provision in the Will for the divorced spouse. Your situation is rather unique and the fact that it was drawn before you married and never changed might mean that the statute may not control.
Although you say both Wills are being probated you do not indicate that you are represented by a lawyer. You need one who will be well-versed in New Jersey estate law. Be sure to choose a lawyer who only practices in estate law and who has at least ten years of experience in this area. He or she may already know the answer to your question.
To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison
Answered on Oct 24th, 2011 at 5:55 PM