Does a Will supersede a divorce decree?

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Does a Will supersede a divorce decree?

Ex-wife passed away and in the Will she left me, my son and daughter insurance money. Now my daughter is taking me to court to get my share of the money because in the divorce papers (14 years ago) it said that I was to not receive any money.

Asked on November 16, 2011 under Estate Planning, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, the Will of a person speaks at the death of the person who signed it. In your situation even though the Will may have been signed by your former wife years ago and even though your dissolution decree with your former wife there is reference that you were not to receive no money from her, you are entitled to the insurance money she left you in her Will.

The reason is that your former wife had an opportunity to change her Will after the divorce and she elected not to do so. Perhaps you might want to consult with a Wills and trust attorney about your current situation?


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