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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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I am divorcing my husband, can I make out a new will before ...

Customer Question

I am divorcing my husband, can I make out a new will before the divorce is final? I live in Carbon County, Penna.
Submitted: 9 years ago.
Category: Family Law
Expert:  Walter replied 9 years ago.

Hello,

As long as there are no stipulations in the separation or divorce agreement requiring you not to change your will then you are permitted to do so. A will is not normally considered part of a divorce settlement as this is used for when you die........presummingly after the divorce.

Walter

Walter and 5 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Walter's Post: We own the home jointly. I paid half of the mortgage when we married five years ago,and he with the use of a 2nd mortgage and line of credit has spent all that I put into the house. He did not have a down payment, and has been making payments on his half of the mortgage. He is dragging out the divorce, and since we are both over 65, I am concerned that if I predecease him the house will become his and not have to be sold until after his death, and then sold and divided between my children. That is assuming that he does not loose the house for lack of payments. The house was worth $150,000 and is now worth $300,000.
Customer: replied 9 years ago.
can I stipulate in the will that the house must be sold and half of the proceeds will be divided between my three children
Expert:  Walter replied 9 years ago.

Hello,

Yes you can request that the home be sold and split between the children. Even though the divorce is not final you may change it as you see fit. If the divorce agreement changes anything you had in your will you may simply update the will to reflect these changes.

Walter

Customer: replied 9 years ago.
Thank you for your help. For some reason my Lawyer told me that it was not possible to update my will before the divorce was final. I had a hard time with that, since these are supposed to be my final wishes, and I don't wish for him to get anymore from me than I already have given. Once again thank you.
                               Clare
Expert:  Walter replied 9 years ago.
Your welcome and I wish you the best.

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