Estate Law Questions? Ask an Estate Lawyer.
Thank you for the information and your question. Can you please tell me what this document is that you are being asked to sign with those words and why you would ever agree to sign it?
Thank you for your reply, however, you still didn't say what this document is that you are being asked to sign. Can you specifically tell me what that is? Why is this person asking you to do this? Also, when you say "we" have a court appointed guardian, do you mean both of you are under court ordered guardianship?
Thank you that was very helpful. This document is actually positive for you as the court acknowledges that you are still married. Nothing could be better for purposes of your inheritance rights. That clause that states that you held yourself out as divorced is really not of any consequence from a legal perspective, even if the language does understandably bother you. It really is only explaining that you are now and, always were, married. So, again, this will not effect your rights either under a Will (which hopefully you all have) or intestate laws in Florida for you to take your elective share.
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No, this would in no way effect your rights under a Will or under intestate succession. Categorically no effect on that issue. The document and the law could not be any clearer, you are now and have been married for the complete time and that is all that is necessary under estate law.
You can ask that it be changed, but as I mentioned, this particular clause is not really the focus of the document, it just explains the evidence that the court apparently heard, but was irrelevant. If the court didn't hear that evidence, then you have an absolute right to have the language changed to what the court did hear. But again, this language has no legal relevance in regards ***** ***** law.
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