Marriage,Will,Divorce,Remarriage to ex

[leeza1]

What is the name of your state (only U.S. law)? Indiana Married in 1979,and made our Wills in 1991.Divorced in 2000 and then Remarried each other around six months later in 2001.My husband died in 2006 and now his family says his Will is void because Indiana started a few years ago a new law,that says when a couple Divorces it automatically cuts the other spouse out as the sole heir.I talked to my lawyer and a friend that is a judge and this true.I know that his family will have to prove case files on this law.Are there any in this state of Indiana?When was this law enacted in this state?Will I have a good chance to be the sole heir as he wanted with arguing "The Common Since Law?We did not know that after we remarried each other that he should have written a new will to make sure I was the sole heir,he thought his original Will was still good Can you help me please?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Indiana Married in 1979,and made our Wills in 1991.Divorced in 2000 and then Remarried each other around six months later in 2001.My husband died in 2006 and now his family says his Will is void because Indiana started a few years ago a new law,that says when a couple Divorces it automatically cuts the other spouse out as the sole heir.I talked to my lawyer and a friend that is a judge and this true.I know that his family will have to prove case files on this law.Are there any in this state of Indiana?When was this law enacted in this state?Will I have a good chance to be the sole heir as he wanted with arguing "The Common Since Law?We did not know that after we remarried each other that he should have written a new will to make sure I was the sole heir,he thought his original Will was still good Can you help me please?

For starters, assess your property. Without a will, most things will be handled by default.

Check the ownership of your real estate. Chances are that it goes to you automatically on his death.

Then look at his life insurance policy and any other financial accounts. If your name is on the account as well as his, then they belong to you. If only his name is on them, check to see who the beneficiary is. That would determine ownership.

Finally, read up on the laws in your state. In Indiana, things which are not otherwise allocated are divided as follows when a person dies intestate (without a will):
Intestate Succession in Indiana

Ignorance of the law is no excuse. Your best bet now is to talk with an attorney to straighten it all out and to see if there is an exception to the 'new will' policy for wills written before a given date.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana Married in 1979,and made our Wills in 1991.Divorced in 2000 and then Remarried each other around six months later in 2001.My husband died in 2006 and now his family says his Will is void because Indiana started a few years ago a new law,that says when a couple Divorces it automatically cuts the other spouse out as the sole heir.I talked to my lawyer and a friend that is a judge and this true.I know that his family will have to prove case files on this law.Are there any in this state of Indiana?When was this law enacted in this state?Will I have a good chance to be the sole heir as he wanted with arguing "The Common Since Law?We did not know that after we remarried each other that he should have written a new will to make sure I was the sole heir,he thought his original Will was still good Can you help me please?

I have never heard of such a law in Indiana. However, since you remarried each other six months after divorcing, its a moot point in your case. You were his legal wife when he passed away. Your prior divorce and remarriage are completely irrelevant.

However, get yourself a good attorney.

 

[mistoffolees]

I have never heard of such a law in Indiana. However, since you remarried each other six months after divorcing, its a moot point in your case. You were his legal wife when he passed away. Your prior divorce and remarriage are completely irrelevant.

However, get yourself a good attorney.

The problem isn't whether she was his legal wife since she clearly was. The issue is distribution of the estate.

Simplest scenario. Let's say the will left everything to her. If the will is declared invalid because she divorced him and he didn't re-issue the will, she might get as little as a third of the estate as his legal spouse rather than 100% per his wishes.

She really needs to work this out with an attorney.

 

[LdiJ]

The problem isn't whether she was his legal wife since she clearly was. The issue is distribution of the estate.

Simplest scenario. Let's say the will left everything to her. If the will is declared invalid because she divorced him and he didn't re-issue the will, she might get as little as a third of the estate as his legal spouse rather than 100% per his wishes.

She really needs to work this out with an attorney.

I do agree that she needs to work it out with an attorney, however I sincerely doubt that the will would be held to be invalid in Indiana.

 

[mistoffolees]

I do agree that she needs to work it out with an attorney, however I sincerely doubt that the will would be held to be invalid in Indiana.

Well, she says she talked with both an attorney and a judge in Indiana and they both said it's true, so I'm not about to second guess them.

Maybe she can argue that the will was reinstated when they remarried, but I would not assume that.

In any event, we agree that she needs to get with an attorney ASAP.

 

[nextwife]

She should determine what her intestate share of any assets subject to probate might be. Depending on how assets were held, and who were named beneficiaries, the will may be mostly irrelelavent anyway. Could be that little would pass through probate, due to form of ownership, and that her intestate share of what remains is not worth fighting over.

 

[Ohiogal]

I do agree that she needs to work it out with an attorney, however I sincerely doubt that the will would be held to be invalid in Indiana.

I will disagree with you especially if the divorce decree had specific normal language regarding estates and distribution. The will would have had to have been reaffirmed after the second marriage in order to be upheld.