If I am mentioned in my ex-father-in-law’s Will but I have now divorced his son, would I still get what my father-in-law left me left me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am mentioned in my ex-father-in-law’s Will but I have now divorced his son, would I still get what my father-in-law left me left me?
I am mentioned by my maiden name.
Asked on July 30, 2014 under Estate Planning, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
For a definitive answer, an attorney should review the will, since its precise language is critial. That said, as a general matter, if you are identified by name and not by "status" (e.g. "to my son's wife"), then you would normally still inherit, since you are still the person specifically identified (e.g. inheriting, if you are identified by name, is not dependent on your status). If identified by both name and status, it's not as clear cut, and in the event of a challenge, a court would look to determine whether from the context and the rest of the will, it appears you were meant to inherit even after a divorce (e.g. to help take care of your children, which would be the father-in-law's grandchildren) or not.
Of course, if your ex-father-in-law is still alive, he can freely modify his will to exclude you, if he wants.
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.