Will a judge allow a spouse to take his former spouse off his inheritance after 34 years of marriage?

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Will a judge allow a spouse to take his former spouse off his inheritance after 34 years of marriage?

My husband and I were going to separate. Now he’s decided he wants a divorce. Will most judges allow him to remove me from his estate? I was in with our 2 grown children as 1/3, with the 2 children being 1/3 each. Now he’s decided he doesn’t want me in on it at all. We were married 34 years. This was half his life. Does this request usually go over in a courtroom? By the way, I had epilepsy when married and up until 7 years ago.

Asked on August 8, 2012 under Family Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

So long as a person is of sound mind and is alive, he can change his will however he wants.  Unless someone challenges the will after he dies, no judge will get involved.  The only basis you could have for challenging his will would be if you had evidence that he was not of sound mind when he made the will or was under the undue influence of someone else.  That does not sound like that is the case.  Keep in mins, however, that Arizona is a community property state.  So when you do get divorced, you will be entitled to half of everything you and he acquired during the marriage (with a few exceptions).


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