Does a Will supercede or take precedence over a half a century old divorce decree?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a Will supercede or take precedence over a half a century old divorce decree?
My aunt lived with her significant other for 30 years. He left all his money to her in the Will. A 50-year old divorce decree was found indicating upon the death of “significant other” which is the father, a biological son is entitled to his proportionate share no matter what, upon his death. And how much is a “proportionate share?”
Asked on August 29, 2012 under Estate Planning, Florida
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
I doubt that a 50 year old divorce decree could supercede a more current will. I would have to see the divorce decree and the will to express an opinion, but settlement agreements in divorce cases are contracts and interpreted like any other contract. If the divorce decree did not arise from a settlement agreement, but a court order, the context of it would be very important. A court order prohibiting a parent from choosing how to dispose of his assets 50 years later would raise constitutional concerns.
It would be important to know why you are asking this question. Has the son raised the issue and threatened to contest the will? If so, the son will have to hire a lawyer and pay for this litigation. If your aunt is simply concerned about it, I would suggest she consult with an estate lawyer for an opinion. I doubt the divorce decree would prevent your aunt from obtaining her inheritance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.