Parental Rights & Obligations

questions & answers

Question: My husband's divorce was finalized in AZ. The 1998 divorce Parenting Plan had a clause saying "Both parties agree to designate the child as their sold beneficiary on all life insurance policies and as the sole beneficiary of their respective estates. In the event either party remarries, the remarried party agrees to maintain the child as a beneficiary of at least 50% of their life insurance policy and estate." He just passed and his now 24 old, married, not living at home, not disabled, daughter is informally contesting his will. I know he believed this was not longer valid, I need to confirm.

Answer: Will contests can be quite ugly.  You really need a lawyer to advise you.  This situation is far too complex to be answered in an online forum such as this.  You may be correct about the divorce provision becoming void when the daughter reached her majority, but you would be well advised to take both the Will and the divorce decree to an attorney to find out exactly where you stand.  You do not say where you are currently living.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.  If you are living in another state, consult your state bar for attorneys that might be able to help.

QUESTIONS

  • My husband's divorce was finalized in AZ. The 1998 divorce Parenting Plan had a clause saying "Both parties agree to designate the child as their sold beneficiary on all life insurance policies and as the sole beneficiary of their respective estates. In the event either party remarries, the remarried party agrees to maintain the child as a beneficiary of at least 50% of their life insurance policy and estate." He just passed and his now 24 old, married, not living at home, not disabled, daughter is informally contesting his will. I know he believed this was not longer valid, I need to confirm.

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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