What to do about a Will and a separation agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a Will and a separation agreement?
I am separated with a separation agreement from the internet. I signed and witnessed. There is a Will which was done when we were married in both mine and my spouse’s name. Does the Will still stand? Is there a period of time of separation before the Will is null and void.
Asked on October 22, 2012 under Family Law, Florida
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
This is an excellent question. Until you are officially divorced, your spouse will have rights to inherit some of your property, no matter what your will says. You can prepare a new will, but your spouse can "take against the will" until your divorce is final. Your spouse will especially have rights to any homestead property you may have.
I suggest you pursue a final judgment of divorce as quickly as possible. If your will leaves everything to your spouse, I suggest you also consider preparing a new will immediately. The new provisions may not be fully effective until the divorce is final, but at least it will be in place when that occurs.
I trust this helps.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.