Last Will & Testament


#1

Dear nextex:

Greetings. First, do you have a signed, notarized separation agreement?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

We do not have a formal separation agreement since I have just paid all the bills and have not asked anything from him in the way of child support, etc. We have been separated for 7 months now.


#3

Dear nextex:

Greetings. A separation agreement will cut off your spouse’s rights to inherit from you. I suggest that you execute a separation agreement now, so that you don’t have this worry. Yes, we do advise clients to have their estate planning (wills and trusts) reviewed after a separation occurs. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I have made my closest relative the beneficiary of my life insurance since I filed for divorce. I know I can not “disinherit” my spouse of those things that we jointly own until the divorce is final but it is my intention to create a new will and make it economically unfeasible for my spouse to gain and/or retain custody of the children. Therefore, I am planning to leave all of my portion of the marital assets to my closest relative to be held in trust for the children. The reason I am compelled to do this is that my spouse recently told me that if I should die before the divorce is final everything goes to the surviving spouse which honestly gave me the creeps. Do you advise people to draft a new will during the legal separation period?