Weeks after the sad death of Larry King, his widow is now challenging his will in court. Larry King’s widow, Shawn Southwick King is arguing that her husband did not have the mental capacity to draft a will, which he wrote two months after filing for divorce from Shawn. She is also stating that he was influenced by other people when creating his will. Although Larry King had already filed for divorce, the case was not yet finalized. While the case contesting the will is still ongoing, it does highlight the need for divorcing couples to revise their wills when their marriage has come to an end.
How Wills are Treated During Divorce
A last will and testament is the foundation of many estate plans. Within a will, a person can state their wishes pertaining to the distribution of their assets upon their death. Wills can also name an executor, or the person responsible for managing the estate during the probate process, as well as the guardianship of minor children.
The law in Illinois states that when a person gets a divorce and has a valid will in place, the will remains valid and the probate courts will not revoke it. However, any provisions that pertain to the deceased’s former spouse are revoked. The law treats these wills as though the former spouse passed away before the testator did....