Posted on December 29, 2017 in Trusts and Estates
Q: My husband had a pretty nasty divorce and his ex-wife has made comments to their adult children that “she has plans to sue me in the case that he dies”. Does she have this right and can she sue if we have a good will in place? (Jeanette, PA)
A: Once divorced she no longer has rights to inherit from him under the intestacy (no will). In his new will he can leave his property to whomever he wishes with no obligation to her. As a precaution, he may want to check his insurance policies, annuities, 401Ks and other non-probate property to make sure he has removed her as a beneficiary, and replaced her with someone else. This is not a difficult process. It usually involves calling the financial company and having them mail you a change of beneficiary form. The forms are often on-line. I would make an appointment with a local attorney for a will and other estate planning documents.
ESTATE LAW, DIVORCE, WILL, HEIRS, BENEFICIARY, CHANGE OF BENEFICIARY