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If the Executor in a Will is Named Before Divorce, Is the Will Valid?

If the Executor in a Will is Named Before Divorce, Is the Will Valid?

Full question:

My father passed away and had an old will leaving everything to my mother and naming her as executor. They have been divorced and it is my understanding that the will is void. Is this correct? The will also list my grandmother,(my moms mom) as an alternate( so to speak) who is decesed. What happens now? How does a executor get appointed? I have a friend who said it may be my grandmothers heirs but that dont seem logical

Category: Wills and Estates
Date: 04/07/2025
State: Ohio

Answer:

Generally, divorce alone will not void a will. If the will is determined to be invalid, the estate will be administered according to the state laws of intestacy. A petition to probate the estate is filed with the court, and in intestate administration, an administrator is appointed, who acts similarly to an executor in handling the affairs of the deceased. Please see the following OH statutes:

http://codes.ohio.gov/orc/2113
http://codes.ohio.gov/orc/2105

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you get in trouble for not following a will?

Yes, you can face legal consequences for not following a will. If you are an executor and fail to adhere to the terms of the will, beneficiaries may take legal action against you. Courts expect executors to act in the best interest of the estate and its beneficiaries. If the will is valid, its terms must be honored, and any deviation could lead to disputes or liability. It’s essential to seek legal advice if you are unsure about your obligations under a will. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if a will is not followed after death?

If a will is not followed after death, beneficiaries may challenge the executor's actions in court. This can lead to legal disputes, and the court may require the executor to account for their decisions. If the will is valid, the terms must be enforced, and failing to do so can result in personal liability for the executor. In some cases, the court may appoint a new executor to ensure the will is properly executed. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Am I entitled to anything if my father died?

Entitlement to your father's estate depends on whether he left a valid will. If there is a will, it dictates how assets are distributed. If there is no will, state intestacy laws determine your rights as an heir. Typically, children are entitled to a share of the estate if there is no surviving spouse. It’s important to review any existing will and consult a legal professional to understand your specific entitlements. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How to deal with being left out of a will?

If you are left out of a will, you may have options to contest it, especially if you believe you have a legal claim. Grounds for contesting a will include lack of capacity, undue influence, or improper execution. Consult with an attorney who specializes in estate law to explore your rights and potential actions. They can help you understand the legal process and whether you have a valid claim to challenge the will. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if you don't follow a will?

Not following a will can lead to significant legal issues. Executors are legally obligated to adhere to the will's terms. If they fail to do so, beneficiaries may sue for breach of fiduciary duty. The court may require the executor to fulfill their responsibilities or even replace them. It is crucial to follow the will closely to avoid disputes and potential legal liability. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*