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Dying Intestate After Divorce

By Joann T. Palumbo

I have been practicing law for over 25 years, but I am still shocked when I hear that a person who spent so much time, effort, and money in a divorce proceeding has not taken the time to confer with an attorney and sign a will. (For purposes of this article the client will be a deceased female with an ex-spouse who is a male.)

Divorced parents with minor children need wills. One of the horrifying outcomes of not having a will in New York State is that your client, a single mother, may be empowering her ex-spouse to act as administrator of her estate. Unless your divorced client with minor children wants her ex-husband rifling through her intimate apparel and very personal papers after her death, she needs to run, not walk, to her attorney's office and sign a will.

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