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Does a Will Remain Valid Following a Divorce

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  • 01-12-2015, 10:04 PM
    tonynewman
    Re: Does a Will Remain Valid Following a Divorce
    here is the will:

    I (DAD) of Baltimore city, state of Maryland being of sound and disposing mind, memory and understanding, do hereby make publish and declare the following to be my last will and testament, hereby revoking any and all other wills and codicils and will heretofore made by me

    first: I direct my executrix hereinafter named, to pay from my estate all of my just debts, taxes and funeral expenses, I further direct that all taxes including inheritance taxes, united states estate taxes,maryland estate taxes and all other similar taxes payable by reason of my death shall be paid out of principal of my residuary estate and that no person shall be required to contribute to the payment of any portion of such taxes.


    second: I give devise and bequeath my entire estate, real, personal and mixed, of whatsoever kind of nature and wheresoever situate of which I may die seized and possessed, unto my wife, (my mothers name)



    third: I hereby appoint my wife (mothers name) to be executrix of this my last will and testament, and excuse her from the giving of bond, except that required by law, for the performance of her duties hereunder.

    I do hereby confer upon my executrix all powers necessary, proper or convenient for the preservation, management and direction of my estate. I hereby fully authorize and empower her at any time or times and for such purpose or purposes as she may deem best, and without pervious application to or order from the court of Baltimore city or any other court of Baltimore city under whose jurisdiction she may administer or manage my estate, to invest, reinvest, sell, lease, exchange, mortage, transfer and assign all or any part of my estate real or personal without obligation on the part of anyone dealing with my said executrix to see the application of any purchase money paid to her.

    in testimony whereof I (dad) have set my hand and seal this (dated 1975) and his signature


    signed, sealed, published and decleared by(dad) the above named testator, as and for his last will and testament, in the presence of us who at his request, in his presence and in the presence of each other. have hereunto subscribed our names as witnesses

    (witness number one's signature (now deceased)
    (witness number twos signature (now deceased)

    - - - Updated - - -

    Quote:

    Quoting Mr. Knowitall
    View Post
    So the issue here is that your father divorced your mother after drafting a will that left to her his entire estate, but never drafted a subsequent will?.

    yes,, that is correct,, I don't understand the other things you talked about though,, all that lawyer stuff, can you dumb it down for a simple man like myself, lol
  • 01-12-2015, 10:21 PM
    harrylime
    Re: Does a Will Remain Valid Following a Divorce
    This is where you spend a few bucks on that attorney for a review of that will and an opinion on how it affects you.

    The questions are:

    1) Would the will likely be admitted in New Jersey?

    2) Do you stand in your mother's place?


    Your stepmother can not be cut out completely (except voluntarily). But there could be quite a difference between what she is entitled to under intestacy and what she would receive by exercising her right to a surviving spouse's elective share.
  • 01-12-2015, 10:26 PM
    tonynewman
    Re: Does a Will Remain Valid Following a Divorce
    Quote:

    Quoting harrylime
    View Post
    This is where you spend a few bucks on that attorney for a review of that will and an opinion on how it affects you.

    The questions are:

    1) Would the will likely be admitted in New Jersey?

    2) Do you stand in your mother's place?


    Your stepmother can not be cut out completely (except voluntarily). But there could be quite a difference between what she is entitled to under intestacy and what she would receive by exercising her right to a surviving spouse's elective share.

    my mother stated just now that she is worried that this will could somehow be used against me, as it was written before I was born, and that the current wife could say he wished everything to his wife even though my mothers name is listed after the word wife in the will, (im not in the will due to not being born yet) and she could end up getting everything and I would get nothing. do you think this in anyway could be used against me?

    any comment on that?
  • 01-12-2015, 10:32 PM
    harrylime
    Re: Does a Will Remain Valid Following a Divorce
    Quote:

    do you think this in anyway could be used against me?
    No.
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