Question #21: My sister and her husband had a legal separation from the state of Connecticut, with division of assets, etc. She told me she had a will. She died suddenly in an accident. Her “husband” discarded all her documents at her home. He reverted to a will that was made 5 years earlier when they were living together in North Carolina and everything went to him. Can this be done when the parties are legally separated?

Generally, the Separation Agreement, if properly prepared by a competent attorney, will include a provision stating that neither party will have any claim to the estate of the other party despite any Will. Please check the Separation Agreement.

Any judge who reviews such claim by a separated husband should be skeptical, and should require additional investigation about the matter. It may be helpful for you to contact the lawyer who drew up the Will, or a lawyer with whom your sister may have consulted who may have further information, or have a copy of the latest Will.

Good luck !

Leonard M. Weiner, Esq./DivorceSolutions