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

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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