Seattle Daughter-In-Law
03-10-2008, 11:32 PM
My father-in-law left a sum of money to his youngest daughter to be used specifically for education. He also left a substantially number of savings bonds to be divided amongst his estate. These savings bonds were assigned to "him 'or' his ex-wife" but had remained in his custody since their divorce 10 years ago.
In the divorce decree, the savings bonds are supposed to be used for the benefit of the youngest daughter's education. In the will, my father-in-law willed the bonds to all of his children and set up a separate, account for the youngest daughter's education. This new account is substantially larger than the value of the savings bonds.
Now, the ex-wife is demanding that both the savings bonds and the new account fall to the youngest child for education expenses. My father in-law's intent was for the new account to be sufficient for all education costs (as suggested by him willing the bonds to all of his heirs).
Does the word of the will, or the divorce decree take precedence? Is the intent of his will enforceable?
In the divorce decree, the savings bonds are supposed to be used for the benefit of the youngest daughter's education. In the will, my father-in-law willed the bonds to all of his children and set up a separate, account for the youngest daughter's education. This new account is substantially larger than the value of the savings bonds.
Now, the ex-wife is demanding that both the savings bonds and the new account fall to the youngest child for education expenses. My father in-law's intent was for the new account to be sufficient for all education costs (as suggested by him willing the bonds to all of his heirs).
Does the word of the will, or the divorce decree take precedence? Is the intent of his will enforceable?