Does a divorce decree from47 years agosupercede a Will?

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Does a divorce decree from47 years agosupercede a Will?

Divorce decree indicated the father is to leave distributive amount to daughter. Daughter has had no relation for 50 years with father. Father left all money to significant other as beneficiary.

Asked on February 23, 2012 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Either way you are going to need to seek legal help in your area.  Generally speaking, children do not have an absolute right to inherit from parents.  You, though, are what I would consider to be the third party beneficiary of the contract between your parents and may have standing to contest the Will as a result.  Also check if you were disinherited correctly.  Some states require that you be specifically disinherited in order for it to be valid.  Something like I disinherit my child Jane for reasons known to both of us. Good luck.


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