Legal Question in Wills and Trusts in Washington
divorce agreements vs. will
My father was required in his divorce agreement with my mother to pay for half of my education (and my two sisters) and to provide health insurance for us, and to take out a life insurance policy in our name. He died last month, and left nothing to us and everything to his wife, she will not tell us about whether or not he had a life insurance policy. Is his estate required to carry out the duties laid forth in his divorce papers? I am 22, however my sisters are still minors and my mother has no money to speak of since she is in school full time herself. One of my sisters MUST have the same health insurance she did under my father because she has a rare genetic disorder and has to receive care from a specialist. However this health insurance would cost $10,000 per year for my sisters to be on it and my mother cannot afford it whatsoever. My sister's health could quickly deteriorate and she could actually easily die from this disease, however my step-mother shows no interest in helping out with the insurance, and my mother is not eligible for state aide because she is re-married, even though they are actually legally separated and live in different houses. I wanted to ask if there is any point in taking this to court.
3 Answers from Attorneys
Re: divorce agreements vs. will
The decree may create obligations against the estate, and they could be enforced in probate. Wills usually recite that first all debts and obligations should be paid before bequests; this is effectively just reciting the law. Whether the estate is capable of fulfilling the obligations is another matter, and the obligations do not transfer to your father's wife. If there is a probate case you can obtain a copy of the will, and if there is no case, you can open one. In general I'd say this is not self-help law.
Re: divorce agreements vs. will
I agree with Mr. Steuart that this is not a self help area.
Your mother has standing to ask to have a probate action opened and the decree enforced. At this point, you don't know whether he had a will or not. If he did not then you and your siblings are entitled to a share of his estate; if he did leave a will, it would depend on whether the will or the divorce decree came first. To the extent that the will is inconsistent with the decree, chances are a judge would enforce the decree.
Time to at least set up a consult and find an attorney that you like and have confidence in.
Elizabeth Powell
Re: divorce agreements vs. will
Call a lawyer tomorrow who handles probate and set up an appointment as soon as possible. You need to move on this in case she tries to place the assets out of reach.
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