If y husband and I just got divorced and have Wills stating that if he dies I get everything, what happens now?

UPDATED: Mar 18, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 18, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If y husband and I just got divorced and have Wills stating that if he dies I get everything, what happens now?

Is there any reason I should be worried about this? Can he go ahead and make another Will without me knowing?

Asked on March 18, 2012 under Family Law, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, he is free even if you were married to make another will indicating that his assets (either due to you pre-deceasing him or through divorce or his portion of community assets) should go to someone else. If you have a notarized copy, the only issue is whether anything in the will has already gone to you during the divorce. If so, then certain portions of that will be null and void or voidable at the very least. Your ex-husband is now free to name a new spouse, or his children or other family members or even non-profits as the beneficiary or beneficiaries of his assets.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption