Many states have laws that prevent one spouse from disinheriting another spouse within a Last Will and Testament. As such, it may be wise to wait until the Divorce proceedings are finalized to create a new Last Will and Testament.
Answers to Frequently Asked No-Fault Divorce Questions
How is a Joint Will with an Ex-Spouse and Children Handled if Other Ex-Spouses and Children Exist?
In most states, upon Divorce the law treats a former spouse as if he or she died before the Testator, i.e. the person making the Will.
But typically the remainder of the Will continues to be effective.
So generally, a former spouse of a Joint Will is treated as deceased and the children named in the Will remain as beneficiaries.
But not always.
If I Quitclaimed Our House to My Ex-Husband in Divorce, and He Just Died Without a Will, is the Quitclaim Deed Void?
Properly signed and notarized Quitclaim Deeds are generally unaffected by death.
How Can I Get My Soon to Be Ex-Husband to Remove His Personal Property from Our House?
The signed Separation Agreement should address specifically the disposition of any personal property from a marital home.
But if a spouse is not willingly removing personal belongings from the marital home after repeated requests to do so, short-term there may be little a divorcing spouse can do to compel the action.
If We are Divorcing, Can My Husband and I Transfer a Home in Our Trust to Me Alone?
A few contingencies are required to determine if a home contained within a Living Trust can be transferred from the Trust to one of the Makers as part of a divorce settlement.
If I Get Divorced, Can I Tell the Landlord I Am Leaving and Make My Ex-Spouse Responsible for the Rent?
Until such time as the landlord agrees to release a tenant from liability under the terms of a lease, the tenants listed in the lease are obligated together to abide by those terms (i.e. pay the rent).
Unilateral pronouncements by a tenant delivered to a landlord will usually not result in a termination of liability for that tenant.
Can I Will the Home I Own Individually to the Children from My First Marriage if My Current Husband Agrees?
For such an situation, you can use Standard Legal’s Last Will and Testament document with the “Specific Gifting Provisions” to specify exactly who receives what assets when you die.
However, as discussed in the instructions provided within the Will legal forms software, be aware that in many states a spouse can choose to “elect against the Will” if a certain percentage of the deceased spouses’ estate is not bequeathed to the surviving spouse (the percentages typically range from 30% to 50% of the estate).
If an Ex-Spouse Refinances a Home with a Promissory Note in Place, Must Payment Against that Note Be Made?
Most likely, yes, there would be an obligation to pay a Promissory Note upon the refinancing of a home formerly owned by a divorced couple.
But the terms of the promissory note itself (and perhaps even the Divorce decree) must be closely examined to ensure that the obligation to pay is still legally binding.
Would a Property Promissory Note Due to a Family Member of One Spouse Affect the Finances of a Divorce Settlement?
Generally, an unsecured promissory note (i.e. a promissory note not secured by a mortgage or a lien on the property) will not reduce a party’s obligation to pay support (or otherwise alter the marital property division) in a Divorce action.
Can My Ex Spouse Get My Pension if Most of My Work Was Done After the Divorce?
It is indeed possible that an ex spouse could be eligible to receive some portion of pension benefits earned during the time of a marriage, if the ex-spouse so petitions the court.
But it is not a good idea to respond to such a petition from the court on the matter unless you are fully versed in the law regarding the topic.