# Last Will & Testament **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [January 4, 2005, 9:13am UTC](https://forum.rosen.com/t/last-will-testament/1704 "2005-01-04T09:13:20Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\ **Post date:** [January 4, 2005, 9:13am UTC](https://forum.rosen.com/t/last-will-testament/1704/1 "2005-01-04T09:13:20Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![nextex](https://avatars.discourse-cdn.com/v4/letter/n/839c29/32.png) [@nextex](https://forum.rosen.com/u/nextex)\ **Post date:** [January 6, 2005, 5:20am UTC](https://forum.rosen.com/t/last-will-testament/1704/2 "2005-01-06T05:20:49Z")
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. ---
**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\ **Post date:** [January 6, 2005, 1:27pm UTC](https://forum.rosen.com/t/last-will-testament/1704/3 "2005-01-06T13:27:26Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![nextex](https://avatars.discourse-cdn.com/v4/letter/n/839c29/32.png) [@nextex](https://forum.rosen.com/u/nextex)\ **Post date:** [January 3, 2005, 9:56pm UTC](https://forum.rosen.com/t/last-will-testament/1704/4 "2005-01-03T21:56:21Z")
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?