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Should I ask him to make out a living will and a will. How strong would this hold up?

Tagged as: Big Questions, Marriage problems, The ex-factor<< Previous question   Next question >>
Question - (9 February 2009) 3 Answers - (Newest, 9 February 2009)
A female United States age 51-59, *rissypro89 writes:

I will try to get to the point. In my last post I wrote that my husband is still legally married to his ex. They haven't been together in over 15 years now and we just found out a few years back. He said we will take care of this (meaning he will get the papers done) but I am still waiting. I just got a lawyer to set up the papers.

He is getting a settlement in about 2 years. I am on the lawsuit. He told his ex that he will give her 10 percent of the lawsuit and I understand for any back child support he missed plus they are friends (they have two grown children together.) The thing is they don't like me and never want to meet me. Anyway, I am asking my husband to do a legal will (living and whatever other kind it is.) They have no personal property together and she is selling her house right now. He doesn't want anything of it. Him and I want to purchase a home in 2 years when we get this settlement. I am on the lawsuit for a share of 3 million and his share is 10 million. Of course we are not going to get anything near this amount but whatever it is.

He said all my property goes to you. His mom is 85 years old lives on the west coast and I want him to put in his will that when she passes he does get her home to split 4 ways him, his brother, his daugther and son and that his daugther over sees the sale of the home .

I don't want the ex (if the settlement comes through) while he sends her the separation agreement which takes 1 year and 3 months for the divorce that she will not take him to court. Would a legal will hold up in court for this?

Thank you for any answers.

View related questions: divorce, his ex

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A female reader, eyeswideopen United States +, writes (9 February 2009):

eyeswideopen agony auntOh I forgot, his wife is already entitled to part of his social security, after something like 17 years of marriage, check it out. He should have divorced her years ago, he did a disservice to you by not doing it.

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A female reader, eyeswideopen United States +, writes (9 February 2009):

eyeswideopen agony auntHis legal wife will be eligible for both his estate and his social security no matter what he has put on paper elsewhere. She is legally his next of kin. Your partner needs to get that divorce ASAP. He then can name you legal beneficiary without necessarily marrying you but trust me the courts take legal matrimony very very seriously and just because a husband hasn't lived with his wife for 15 years means nothing unless he has gone through the legal channels.

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A female reader, Honeypie United States +, writes (9 February 2009):

Honeypie agony auntHonestly I would talk to a lawyer. Seems truly odd not being divored if they haven't lived together for 15 years. HE should get the papers on that ready not you....

Good luck and sorry I'm not help on this one.

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