I am here, in my office, drafting the wills for people who have been divorced for decades but have never really let go. The Ahab and the Whale relationship has not faded in time. Notwithstanding a series of firewalls in law that preclude inheritance by a former spouse, I can see how, particularly given the presence of children from these star crossed marriages, the ex-spouse might end up with property of the testator.
Death is often unexpected. Particularly for the younger set, there may not be a will, and there may not be grandchildren of my client to inherit by intestacy of that sudden decedant. So where does that unfortunate child’s property go?
It goes up. Up the chain of command to that long ago divorced spouse, the surviving parent receiving now what the Superior Court would not give them during the divorce proceedings. Thank you very much.
And so we draft and draft, our dead stick control demanding proof from the grave before a child gets anything that a will or other disposition exists to not have this event of post divorce decree property division take place.
Rather haunting, isnt it? It would be easier if you could take it with you.