If parents had a separation papers drawn up some time after a Will was done, what happens?

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If parents had a separation papers drawn up some time after a Will was done, what happens?

The separation was still active at the time of death. There is a child involved that the Will states as the second executor if the spouse is unable or unwilling to handle the Will.

Asked on March 31, 2014 under Estate Planning, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written about, the separation papers control the situation while the parties have their day to day activities. However as to any bequest, the Will would control matters on death as to who received what gift unless the Will written about is changed.


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