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Divorce and estate planning

Divorce final.  I am concerned about our daughter.  I have asked ex to address his estate plans concerning her.   He has said he would but it hasn't happened yet.  He still lives in the ow's mom home with the gf.  While we were in the midst of divorce he purchased a timeshare with her.  Of no importance but obviously was not thinking.  At some point it is probable that he will have to buy or rent another residence as mom is  at least 85 years old.  Whether he purchases with gf - who knows?  I have talked to him of the possibility of this happening and how it would effect his estate.   He also has a investment prop that became his at divorce.   My concern is that our daughter will be overlooked and "new family" will become more important.  I know I have no legal options to force him. I have reminded him that our daughter had nothing to do with the divorce.  It concerns me that this new family might possibly get what should be our daughters.  
My question - If he did not rewrite will at this time - what would happen?   As of now his will - leaves me as his wife- his estate .  Our daughter is also      So if he dies without changing his will - our daughter will get all?    If he purchases with gf he will dau.  get that share?   I would push him to change his will now if I knew it would benefit our daughter. 

by halfmagic   143 Posts 
Posted on 2/15/2012 10:12 AM
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Tags: divorce , estate , wills

Answers for "Divorce and estate planning"  (7) (You must be logged in to answer)

what they said =)
by spaznskitz   11339 Posts
Posted on 2/22/2012 12:47 AM

what they said =)
by spaznskitz   11339 Posts
Posted on 2/22/2012 12:47 AM

I agree with Dactyl on this one.  If your ex is the type to take care of his kids, he will.  If he's not, then no amount of "reminding" is going to have an impact.

In my settlement I agreed to keep life insurance of $XXXXXX and have my children as beneficiaries.  So I do.  I also recently purchased a separate plan, outside of work, to make sure that continues without a hitch if I change jobs.

My work plan, and my wife's, have the default beneficiary as the spouse.  For it to be different, the spouse has to sign off.  We haven't done those sign-offs, so we are trusting each other to take care of the children.

That's just the life insurance, but realistically right now, that's the bulk of our "estates."
by mike1493   3673 Posts
Posted on 2/16/2012 11:26 AM

I know you want to make sure that he leaves something to your daughter, but, here's the thing- if he doesn't, he doesn't.  I know, that sounds mean and bitter- but- it's the way it is.  If and when he changes his will, how he does it is how he does it.  I, frankly as an exspouse, would not want mine telling me how to rewrite my will.  It's mine to do as I wish.  If I want to leave everything to my cat, then, that's my perrogative.  I guess I'm just trying to get you to see it from his point of view.  You are divorced.  You are no longer legally bound to him.  It's time to quit worrying how he does things.
by Dactyl   5834 Posts
Posted on 2/16/2012 10:13 AM

Hi Half,


What is the actual wording of his will?  For example, mine leaves my "natural children, by birth or adoption" my estate in equal shares. That means if I remarry and have stepkids, only the children from my first marriage inherit.


I would also check to see if you inherit by name ("I leave all my worldly possessions to Halfmagic") or by title ("I leave all my worldly possession to my spouse") as wills can be made either way.  My first will had to be changed because my ex would have inherited everything even though we were not spouses anymore. 


If he buys a house with the gf as "joint tenants with rights of survivorship" she will inherit the full property if he dies.  If they buy without "JTWROS" his 50% interest in the porperty passes to his heirs.  If he dies intestate (without a will) the probate court will decide who has a legal right to his estate. 


If the mom dies right now (not a far probability) the mom's heirs will inherit.  Most likely he will be kicked out on his ass. 


Any major life change warrants a new will.  An attorney can draw one up for ~$350 or less.  He can do his own at legalzoom.com.  I also encourage people to have "living wills" and medical directives drawn up for their doctor and kids.  The chances of him becoming disabled are much greater than him dying (statistically). 

by Iam   7316 Posts
Posted on 2/16/2012 7:30 AM

or http://perfectiondivorce.com http://myoklahomadivorce.com
by susand61   7 Posts
Posted on 2/16/2012 3:39 AM

You should consult with a lawyer
by susand61   7 Posts
Posted on 2/16/2012 3:39 AM

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