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
02/22/2010 |
Category: Wills and Estates |
State: Ohio |
#21101
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
