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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 33803
Experience:  12+ yrs. of experience including estate law.
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I live in TN. My ex just passed away and left our original

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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??
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 3 years ago.

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

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 3 years 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.

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


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