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Jewish World Review July 23, 2007 / 8 Meanachem-Av, 5767 Ex's death still leaves woman out of will; more By Jan L. Warner & Jan Collins http://www.JewishWorldReview.com | Q: I am in my late 60s and was just divorced from my second husband after 24 miserable years. Just 20 days after I received my payments from him according to our divorce agreement, he died. I have learned that he didn't change his will that left me half of his estate and the other half to his children by his first marriage. My sister tells me that since he did not change his will, I should be able to get half of what he had left. Is this right? A: Tell your sister not to give up her day job. Although there are many possible variables, generally speaking, unless your husband's will clearly provides that you are to remain a beneficiary even if you are divorced, the answer to your question is "no." Even though you may be the survivor and have been named in the will, you will be treated by the law as if you didn't survive your deceased spouse. As such, the part of the will leaving assets to you will be deemed to be revoked just as if you had died before him. On the other hand, if your divorce has not been finalized and a final court order has not been issued, as the surviving spouse, you could inherit under the will. "Final divorce" and "final order" generally mean signed by the court and filed in the clerk's office. Q: My husband left me nearly a year ago. We both have lawyers and, after a court session, he was ordered to pay me support. I found his will the other day when I was cleaning out our house and see that it leaves everything to me. If he dies before we are divorced and does not change his will, do I still get everything? A: If you and your spouse are parties to a matrimonial proceeding that does not result in a divorce, but instead results in an order that either (a) terminates marital property rights or (b) confirms an equitable division of assets between the two of you, generally speaking, the portion of the will that leaves assets to you is also revoked. This means that you will be treated as if you were divorced — unless the will states clearly to the contrary. Q: My husband and I are in our early 70s. We married when I was 16 and he was 18. We have three children, all grown. Because of his drinking, I left him 25 years ago, but we never got divorced and I never asked him for anything. He died last month but did not have a will, leaving a house and bank accounts with a value of more than $200,000. Our children, who sided with him, wrote and told me not to even think about making a claim because I would get nothing. Where do I stand? A: Since you and your husband were still married at the time of his death, under the descent and distribution laws of your state, it appears to us that you should receive a spouse's share, which generally, would be one-half. Since there appears to a dispute brewing, we suggest that you get a lawyer to represent you and to let the probate court know that you are the spouse. Taking the NextStep: It is important to remember that pension and insurance beneficiary designations are separate and distinct from wills. For these reasons, it is always a good idea to sign new wills at the time of separation and divorce, to change insurance beneficiaries at separation, and to change retirement beneficiaries after divorce. Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here. Archives © 2007, Jan Warner

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