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Old Last Will and Testament

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taugua

Junior Member
What is the name of your state (only U.S. law)? California

My Mom died November 2008 in Indiana leaving no revised will. My Mom & Dad divorced about 5 years ago. In this will, my Dad is named as Personal Representative of her Last Will and Testament. After him, I am named Representative. Since my Mom and Dad divorced some 5 years ago. Is this Last Will and Testament still valid at all or should she have had a new Last Will and Testament naming me as her Personal Representative Oher than this Will, my Mom had a signed Living Will and signed Power of Attorney in my possession I am named as Power of Attorney. I live in California.What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
The will is valid unless it is superceded by another one. The fact that they are no longer married doesn't mean much. Perhaps your dad is willing to abdicate his roles to you, but there appears to be nothing improper here.

The living will and the POA mean nothing now that mom is dead.
 

tecate

Member
I don't know what Indiana does, but look at California Probate Code Section 6122 for what a divorce does to California wills. Maybe Indiana has something similar.
 

Dandy Don

Senior Member
Just because he is divorced from her does not mean he can't serve as personal representative. Is he still named as beneficiary of anything in the estate?
 

Zigner

Senior Member, Non-Attorney
I don't know what Indiana does, but look at California Probate Code Section 6122 for what a divorce does to California wills. Maybe Indiana has something similar.
OP - ignore this. There is absolutely no reason to refer to a California law when researching Indiana probate matters. It was bad advice from tecate to even suggest it.
 

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