Elderly Aunt divorcing, no will at present
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Anonymous
| My aunt in her 70s just filed for divorce. She and her STBX do not have any shared property. They have been separated for decades. I am helping my aunt, but it is frustrating because she refuses to use a lawyer. I just learned she doesn’t have a will. Is it better (given her advanced age) to just do a will now and have to redo it in a few months (after the divorce)? Or should she wait until after the divorce is finalized? She’s in MD if that matters. Also, the legal clinic told her 60-90 days for the divorce if her husband doesn’t challenge it. |
Anonymous
| 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. |
Anonymous
|
Why are you pushing her to use a lawyer? There is no reason to use one in the situation you described. We had shared property and didn't use one (or any kind of legal help).
As for the will: she might be indifferent about where her money go after her death. |
Anonymous
| 70's in really elderly btw |
Anonymous
| isn't elderly |
Anonymous
| Are you trying to make sure you get something after she dies? |
Anonymous
+1. Can’t figure out what one has to do with the other besides. |
Anonymous
| 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. |
Anonymous
| Why would she have to redo it in a couple of months? If she’s asking your advice, I’d have her go ahead and do it now, along with living will and power of attorney. |
Anonymous
|
Omg people, everyone should have a will. OP is just trying to help her aunt get her sh!t together.
OP I can’t answer your question on the timing, but good luck! |
Anonymous
You are crazy. |
Anonymous
And you are under 30, right? |
Anonymous
Disagree. She should use a lawyer even if uncontested to ensure the forms are prepared correctly. They should mediate or otherwise agree among themselves regarding distribution of assets or perhaps the separation agreement they have already addresses these issues. |
Anonymous
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Anonymous
| 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. |