How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 26140
Experience:  12+ yrs. of experience including estate law.
Type Your Estate Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I live in TN. My ex just passed away and left our original

Resolved Question:

I live in TN. My ex just passed away and left our original will which stated i was to receive everything and his 2 children, named individually in the will, were to recieve nothing. His was estranged from his kids. There were no other benefactors listed in the event of my death.

The kids are 21 and 20 and will no doubt contest the will. His mom, brother and sister all live out of state and do not want anything from the estate except for his wishes to remain as such and the kids to get nothing. We all get along and are on more than good speaking terms.

After his sister/brother met with a probate lawyer, they called me and said the will still stands and i needed to call the lawyer. Something about the will trumps the divorce papers in this case?? Mentioned "resurrecting me from the dead"??

Can you explain this to me? I thought the divorce made the will null and void where i as the ex-wife was concerned? How can i end up being the executor and possibly inherit the house/land and all possessions?

The house was in both our names and paid in full. The land was paid in full but i signed a quick deed that was registered.

The lawyer also mentioned wanting to view our divorce papers to see if there was a clause or something in it??
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

A will is separate and distinct from a decree of divorce.

And the fact a couple is divorced would not, in and of itself, negate a properly executed will.

Can you tell me, how long before the divorce was the will executed?
Customer: replied 1 year ago.


We had the wills drawn up by a lawyer in 2002 and the divorce was final in 2010.

Expert:  P. Simmons replied 1 year ago.
Thank you

Again, the fact you were divorced would not, in and of itself, void the will.

But it could give the relatives a chance to contest the will

THe purpose of a will is to allow the testator (the peson who makes the will) the chance to determine who gets what they own after the die.

If a will is properly executed, it can be probated after the death of the testator.

The family would have an uphill battle to prove that the will is not valid, since the testator COULD have changed his will after his divorce, but, for whatever reason, did not.

They would have to prove he forgot (and not, that he intended to keep the ex as beneficiary). That can be very tough to do, since he is now dead.

BotXXXXX XXXXXne: if the testator did not remove the ex from the will after divorce, that will not, in and of itself,
void the will


Let me know if you have more questions...happy to assist if I can
Customer: replied 1 year ago.


We have been divorced now for 2 years but have multiple witnesses, both family and friends, to prove he wanted the kids not to receive anything.


 


His own immediate family is more than happy for me to be the executor, receive it all and stated it as such to the probate lawyer.


 


Thank you for your response. Here's to hoping it will not be a ong and drawn out battle in the court system with the kids.

Expert:  P. Simmons replied 1 year ago.
Yes Ma'am...the fact he "disinherited" the kids will help...helps show that this is what he wanted.


best of luck in this fight

Phil

P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 26140
Experience: 12+ yrs. of experience including estate law.
P. Simmons and 4 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.