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LegalGems
LegalGems, Attorney
Category: Estate Law
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Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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DOES AN UPDATED 2014 WILL TAKE PRECEDENCE OVER A 7 YEAR OLD

Customer Question

DOES AN UPDATED 2014 WILL TAKE PRECEDENCE OVER A 7 YEAR OLD DIVORCE AGREEMENT?
Submitted: 11 months ago.
Category: Estate Law
Expert:  LegalGems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 11 months ago.

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)?

Customer: replied 11 months ago.
The divorce decree leaves the home to the exwife; however, as his new wife he put me on his will to receive all of his belongings. The ex is suing us because my name is ***** ***** the deed.
Expert:  LegalGems replied 11 months ago.

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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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 11 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!