My sister has just filed divorce papers. Our mother is elderly. If she should die before the divorce is final, would my sister's husband be entitled to any part of the inheritance?
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When a potential heir has a divorce pending, the will should be rewritten so that it's specific. In this case, it should say that money is to go to your sister only. That's the easy part. The big question is whether there is going to be a support obligation in this divorce. If the inheritance is substantial, it could not only reduce her ex's support obligation to her and to her children, it could also lead a judge to rule that she has a support obligation to him. It might be a good idea for your mother to put the money into a trust for your sister, so that there won't be a large lump sum that factors into the equation. Your sister would not receive any benefits from the trust, however, which might hurt her or the children. But if the trust benefits the children, it could reduce their father's support obligation.
Inheritance solutions can be tricky during times of divorce. Make sure you have open lines of communication with your family to avoid legal problems.
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