When someone dies owning extensive property in his or her name, their holdings may not be legally distributed without first going through probate court, even if there is a will. In many circumstances, children, step children, spouses, parents, and other family members may challenge a will in court. If you are a definite or possible beneficiary of a will, it is essential to have an experienced attorney to represent you in order to ensure you get your intended share of the inheritance.
Wills During Divorce
Did you know that until your divorce is finalized your existing will is still valid and will include your spouse? Your spouse may even be named as an executor and its main beneficiary. Since divorce is usually brought about by disagreements, you may wish to change your will during or before your divorce. Since your spouse may contest the terms of your new will, it can be a difficult process.
However after your divorce is finalized, you may still want to make final arrangements for the other parent of your children should you die when they are still minors and need a caregiver. A will allows you to give reasonable financial assistance to any caregiver of your minor children while also setting up protected assets for them when they reach adulthood.
Probate During Divorce
If you are going through a divorce and are in the middle of another probate matter, your spouse may choose to make a claim on your inheritance. If the divorce is not finalized, they may succeed in their claim. This is why it is important to know your rights both when making a claim to an estate, as well as protecting your own interests during a divorce.
If you are in the middle of a divorce and die without having a final and testament, your assets may be in danger of being ceased by your spouse. The law states that until a divorce is final your spouse may receive all of your assets or a substantial sum. Those without a will may unintentionally be leaving all or a significant amount of their assets to their estranged spouse. The amount received by them depends on whether or not you have children together. After a divorce, the main beneficiaries should be children, especially if they are step children to your spouse. Those who do not have children can pass their estate to their parents, siblings, or other family members.
Beaumont Wills & Probate Lawyer
If you or someone you know has questions about wills and probate before, during, or after a divorce, it is important to obtain the counsel of an experienced lawyer. Our firm can handle all matters related to these issues.