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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Divorced in NJ in 2012. One child came of the marriage thru

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Divorced in NJ in 2012.
One child came of the marriage thru adoption from the state. Child was almost 7 when adopted. He was 15 at the time of the divorce. He is now 18.
Final divorce decree states that "parents will create a will and testament naming the child as sole beneficiary to their estate."
I haven't spoken or seen child for almost 3 years. I made a will and specifically told the lawyer I didn't want to leave him anything.
Can child file a motion stating I am in contempt of court with my divorce decree
Submitted: 2 years ago.
Category: Estate Law
Expert:  Irwin Law replied 2 years ago.
WOW. Technically, the refusal to follow a court order could result in a contempt citation. Beyond that, I've never heard of such a decree in a divorce case, and I've been around a long, long time. Was that agreed to in a property settlement? I cannot. imagine a judge ordering that unless the parties agreed to it. Did you discuss this with the lawyer who prepared your will? It seems to me that you should have a lawyer go back and revisit the divorce decree with a motion to modify; however, as I said before, I've never heard of this, so I can't tell you what your chances are.
Customer: replied 2 years ago.
Thanks for the response.
Just to clarify...you don't know the answer to the question "Can a child (who is 18) file a motion stating that I am in contempt of court with my divorce decree (from his father) by not leaving him as heir to my estate. "
You stated it could result in a contempt citation however, my question asked if the child could file the motion.
In my divorce decree under Waiver of Claims there is a sentence that falls under the category of Rights of the Children Both parents will create a will and testament naming the child as the sole benefactor to their estate.
Expert:  Irwin Law replied 2 years ago.
My offhand opinion, for whatever it's worth, is that the child has no standing to bring an action for contempt. I also think that such a provision is "off-the-wall". That said, this is far outside of my normal practice area, so I will opt out and open up the question for others. Perhaps someone else has some practical experience with this exact question.
Customer: replied 2 years ago.
Thank you. Much appreciated. Have a wonderful day.

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