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Will Contrac

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chiswick

Member
What is the name of your state (only U.S. law)?
I signed a contract to do a will while married we are now in process of divorce - only drafts were done and the lawyer never followed through. Can my wife still force the court to draw up that will?
 


Zigner

Senior Member, Non-Attorney
Who did you sign this "contract" with? Generally, you can't be forced to create a will, but you should have the purported contract reviewed by a local attorney, as contract review is beyond the scope of this forum.
 

chiswick

Member
Signed with the attorney who was going to draw it up but we never completed it due to disagreements with my wife
 

Zigner

Senior Member, Non-Attorney
Signed with the attorney who was going to draw it up but we never completed it due to disagreements with my wife
Ok, that's easy. You can't be forced to make the will, but you can be forced to pay for it. Why don't you ask the attorney about this?
 

not2cleverRed

Obvious Observer
What is the name of your state (only U.S. law)?
I signed a contract to do a will while married we are now in process of divorce - only drafts were done and the lawyer never followed through. Can my wife still force the court to draw up that will?
Well, it would be rather stupid of her to make an issue of it, since you could write a new will excluding her when the ink on the divorce papers dry.

You could be asked, as a condition of the divorce, to carry a life insurance policy with her as the beneficiary.

Or, if this was a long marriage, you could have to pay alimony.
 

Zigner

Senior Member, Non-Attorney
Well, it would be rather stupid of her to make an issue of it, since you could write a new will excluding her when the ink on the divorce papers dry.

You could be asked, as a condition of the divorce, to carry a life insurance policy with her as the beneficiary.
And she could be required to do the same.

Or, if this was a long marriage, you could have to pay alimony.
Or, she could.
 

HRZ

Senior Member
I seriously doubt that is what matters OP was asked to do...his ex wanted be be assure of some specific things coming her way if he passed ...by contract ....and that's a can worms best addressed to his counsel and NOT opened otherwise...an pending agreement to agree as to property split might not even survive division of property in a divorce
,
 

HRZ

Senior Member
I can produce a will with $59.9'software or even a piece of paper and pen...leaving it all to the local ASPCA chapter ...send her a copy for her records ? And revoke it early next month and will whatever to my old high school..
 

HRZ

Senior Member
I might owe lawyer for services to make a will ...but that has nothing to do with property division in divorce ... my lawyer could write it headed for ASPCA
 

Zigner

Senior Member, Non-Attorney
I might owe lawyer for services to make a will ...but that has nothing to do with property division in divorce ... my lawyer could write it headed for ASPCA
Yes, that's what the OP has been told. The OP may (or may not) owe the attorney money per the contract the OP entered in to with the attorney, but the OP is under no actual obligation to actually create a will.
 

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