Estate Law Questions? Ask an Estate Lawyer.
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I'm sorry for the delay; I could not get a lock on the question. Does the will attempt to distribute property that the divorce agreement left to someone besides the will maker (the testator)?
I'm sorry to hear this; unfortunately the will can only leave property that the individual owns at death; so if the divorce decree granted the home to the wife, the wife can bring a lawsuit seeking either recovery of the house (specific performance of the divorce agreement) or money damages (value of house).
The divorce decree deals with property owned during the marriage, and failure to comply with the divorce decree can result in the other spouse being held in contempt.
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