Posted: Mon Sep 07, 2009 9:11 am Post subject: which takes precidence a Will or Divorce Papers?
In my divorce my papers state in the event of my death my home goes to my ex. I am supposed to draw up a Will stating this fact in it. What happens if no Will is made. I live in GA. My ex. is co-signer on my mortgage but is no longer on the deed to my home. Washington Mutual removed him from owning the home but would not remove him from his obligation on the loan but placed him as co-signer.
You mean in my Will I can state and distribute properties/ assets to others/ trust that I own, right?
What I am wondering is if no Will is made and I die will my home still go to him or can I make a Will and Will my home to someone else even though it states in my divorce papers it will go to him?
In my opinion, if you do not draw up a will, the property would go to your husband as stated in your divorce settlement. In case, if you make a will to give your home to someone else, your ex-spouse can dispute it in the court. There are chances that the case would go in his favor. _________________ Procrastination is the enemy of your financial sucess
i agree with what you've stated adonis...creating a will that contradicts the divorce court's edict would create lots of trouble, and the former spouse would likely remain the beneficiary anyway. of course, our poster wouldn't care at that point, but that's no reason to muddy up the water. _________________ George M. Akerley
Loan Consultant
860-221-5044
checking with a lawyer is the sensible thing to do here, but it's hard to reconcile the requirement stated by the court with what passes for rights but is actually greed.
(not you, chehov) _________________ George M. Akerley
Loan Consultant
860-221-5044
chehov
