Elderly Aunt divorcing, no will at present

[Anonymous]

Anonymous wrote:Don’t worry about the will. Worry about the marital estate and dividing it up in a written settlement agreement. That agreement will confirm that each party waives all estate rights in the event the other party dies. Doing the will first won’t help. Maryland has the elective share statute. That means that he could elect to take what is in her will or a set portion of her estate. If she left him zero, the elective share statute means he doesn’t get zero...since he’d elect to take the percentage he’s entitled to as the surviving spouse. A written settlement agreement eliminates this.

- a divorce lawyer

So should the aunt leave him $1 in her will? Or does he get to know what’s in her will before making the election? (I’m kinda hoping it’s more like Let’s Make a Deal and he doesn’t get to know.)

With special needs in the mix, your aunt should have a simple will in place. Can anyone advise OP whether/how the terms of the pre- and post-divorce wills could vary to achieve the suits goals?

[Anonymous]

Anonymous wrote:Don’t worry about the will. Worry about the marital estate and dividing it up in a written settlement agreement. That agreement will confirm that each party waives all estate rights in the event the other party dies. Doing the will first won’t help. Maryland has the elective share statute. That means that he could elect to take what is in her will or a set portion of her estate. If she left him zero, the elective share statute means he doesn’t get zero...since he’d elect to take the percentage he’s entitled to as the surviving spouse. A written settlement agreement eliminates this.

- a divorce lawyer

*why a lawyer is a good idea.

[Anonymous]

Op, why would the will change post-divorce? She could write a will now leaving all to her children even pre-divorce. But anyway, you could do a quick legal zoom will now and then do another post divorce if she wants

[Anonymous]

Anonymous wrote:

Anonymous wrote:Don’t worry about the will. Worry about the marital estate and dividing it up in a written settlement agreement. That agreement will confirm that each party waives all estate rights in the event the other party dies. Doing the will first won’t help. Maryland has the elective share statute. That means that he could elect to take what is in her will or a set portion of her estate. If she left him zero, the elective share statute means he doesn’t get zero...since he’d elect to take the percentage he’s entitled to as the surviving spouse. A written settlement agreement eliminates this.

- a divorce lawyer

So should the aunt leave him $1 in her will? Or does he get to know what’s in her will before making the election? (I’m kinda hoping it’s more like Let’s Make a Deal and he doesn’t get to know.)

With special needs in the mix, your aunt should have a simple will in place. Can anyone advise OP whether/how the terms of the pre- and post-divorce wills could vary to achieve the suits goals?

He has no right to know what’s in the will before she dies nor does he make his election until after she dies.

[Anonymous]

Anonymous wrote:Average life expectancy is still less than 80 years. How do you figure 70s isn’t elderly? Even people who live to 100 are in the final third of their lives by their 70s. 65 and up is elderly, though an individual in that age range may not act or look elderly.

Average life expectancy for women who are already in their 70s is not less than 80 years.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:New poster here. I think OP is concerned that if the aunt dies, a third of her property will go to her husband, and since they have been separated for decades, there is likely someone else she'd like the property to go to. I assume OP is just trying to keep anything from going to the husband. Being husband on paper is good enough for him to inherit.

maybe her aunt wants it that way. it's really not op to worry about or decide.

This is the case in MD. My aunt doesn’t want her husband to inherit. He has not helped her financially since they separated thirty some years ago although they then had minor children. Two of their kids still rely on her financially due to learning disabilities and mental illness. She wants to protect them, but is being penny wise and pound foolish about the lawyer.

I don't think she will go through with the divorce or make a will

[Anonymous]

Anonymous wrote:

Anonymous wrote:Don’t worry about the will. Worry about the marital estate and dividing it up in a written settlement agreement. That agreement will confirm that each party waives all estate rights in the event the other party dies. Doing the will first won’t help. Maryland has the elective share statute. That means that he could elect to take what is in her will or a set portion of her estate. If she left him zero, the elective share statute means he doesn’t get zero...since he’d elect to take the percentage he’s entitled to as the surviving spouse. A written settlement agreement eliminates this.

- a divorce lawyer

*why a lawyer is a good idea.

OP. Make sure your aunt clearly understands that if she doesn’t get a proper divorce her ex husband would be legally entitled to a big chunk of her estate

[Anonymous]

Anonymous wrote:She's not dying, she's getting a divorce. Why don't you focus on that instead of pestering her about the will, get her through her crisis, and then sit down with her to write out it out.

Just fill out something online, get it notarized, etc. Hers does not sound complicated, and I think an online solution is going to be pretty cost-effective.

To respond to poster above, you should all understand that if she has no children, if she died intestate, ALL assets go to the surviving spouse (except those with a designated beneficiary, if she has done so for 401[k] etc.)

[Anonymous]

For gods sakes she needs both a divorce lawyer and an estate attorney.

[Anonymous]

Update: My aunt has filed and he has been served. We offered to foot half the retainer if she will agree to a lawyer.

I think she will go through with it because she is afraid for my cousins. They would end up either homeless or in some type of adult foster care if the house is sold to give my uncle his share. Which he will blow at a casino.