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Wife died after financial agreement was signed by both parties but divorce was not final yet. Will her will still stand?

Charleston, WV |

She made will after husband of 30 years demanded divorce which she did not want

Attorney Answers 3

Posted

The interplay of divorce and validity of wills is difficult law at best. I would not investigate this alone. In Michigan a spouse can take against a will in most situations. Get a probate attorney, present the will and get a more detailed opinion than what can be given in this type of setting.

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Posted

Does the WIll make any difference? If all of the assets were jointly held, then the Will is irrelevant. You need to review this with an attorney to figure out where you stand.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

I agree with my colleagues that it is critical to deal with someone local to see where you stand. Here in Massachusetts, if you had a divorce agreement and it was signed by the parties and approved by the court, we then have a 90 day window before the divorce is technically "final", an old Puritan practice hoping for reconciliation. Nevertheless, the agreement, as a contract, became binding once signed and approved by the court, so the agreement overrides the will and I believe joint property arrangments that the agreement may have terminated. I presume the will and agreement are at odds. If there was jointly owned property, I trust the agreement dealt with that.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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