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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My dad passed away his trust leaves 60% of his estate to me

Customer Question

My dad passed away his trust leaves 60% of his estate to me and my wife. 40% to my sister. In the event of my death the 60% goes to my wife. It doesn't mention my wifes name in the trust anywhere.It just "His wife" My wife and I are in a middle of a divorce. If she is no longer my wife and I die before my sister is my wife entitled to the 60% or would it go to my sister. The estate is receiving large sums of money from an ongoing asbestos lawsuit. It is expected that about $2 Million more is expected over the next 2 years. Again the trust says "Michael and his wife" I know that after the divorce she will no longer be my wife, so how could she be entitled to any future monies from his estate. What happens if I remarry would my new wife fill the void?
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Pro replied 7 years ago.
No, her ability to inherit anything ends upon just the filing of the divorce papers - you have already filed correct?