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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 10-09-2019, 11:26 AM
dad2bandm dad2bandm is offline
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Originally Posted by HammerDad View Post
Good point. Marriage invalidates prior wills. Becoming common law does not.

It would really suck, if your ex, was your executor of your will, when that was not your intention. :-/
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  #12  
Old 10-09-2019, 11:26 AM
rockscan rockscan is offline
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Originally Posted by HammerDad View Post
A quick comment to the above, if you are planning to cut someone out (like a child) you have to be careful that you specify why, and the reason why cannot be unconscionable (ie. the child gets nothing because they married a person of another race, and the parent is a racist POS). You need to be clear that they get nothing because they didn't have a relationship with the parent for example. Another way to put in the Will that the child gets $1 or a nominal amount. Wills that are unconscionable may be set aside. I've read of 2 cases recently.



The rule of thumb is that you need to provide for your family and if you are not, you need to show why you chose not to.


This is interesting since we discussed this with our estate lawyer. My husband left just a few minor things to his kids in the will and I worried they would fight it. The lawyer said they canít because he left them something.

When one of my parents did their will, one of us was cut out of it and it outlined why (they were angry and said the relationship was irreparably damaged). That child reconciled with the parent but the will was never changed. It worked out in the end though.

My husband wants to change his will to leave nothing to his kids. I am sure the estate lawyer will help with the language. We need to change it anyway as we are now married.
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  #13  
Old 10-09-2019, 12:30 PM
HammerDad HammerDad is offline
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This is interesting since we discussed this with our estate lawyer. My husband left just a few minor things to his kids in the will and I worried they would fight it. The lawyer said they canít because he left them something.
Leaving them something shows you considered them, and means they would have a real tough time fighting it (ie. leaving $1.00 per child). Just make sure that he doesn't put in reasoning that would be racist, homophobic etc. and it will all work out.

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Originally Posted by rockscan View Post
When one of my parents did their will, one of us was cut out of it and it outlined why (they were angry and said the relationship was irreparably damaged).
That is reasonable wording for cutting out a person. Again, so long as the reason for cutting out a person is reasonable, that person will have a tough time challenging it.
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