My father and his wife had a separation agreement in 2017 which they signed a release and waiver of estate, property and support... which included their heirs. In 1999 he had drawn up a will naming his spouse to get his estate, and if she couldn't for any reason it went 100% to her son. He passed away this year and they are saying his will is valid and the separation agreement is valid even though the separation agreement contradicts the will...
Although she can't collect, her son is getting 100%. Doesn't the separation agreement cover that and say that he, as her heir, is not entitled to any claims on it at all? This is not what my father wanted, he wanted it split between all of his children. Also she acted as executor when it clearly says in the separation agreement that she can't, and made several decisions and even cremated him against his family's wishes before anyone had a chance to go through court. Is there any repercussions on that?
It's pretty vital that you contact an attorney immediately to ensure your rights are preserved. This is a complex set of facts that require a real consultation.
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I agree with Mr. Adimando. Did they ever get divorced? Did other family members step in to stop her from being the executor? A review of both documents is necessary to determine if the son gets the estate.
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