October 2008

Monthly Archive

Can a Marital Dissolution Agreement be Revised or Renegotiated?

Summary

I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I have a marital dissolution agreement (MDA) that states each spouse waives the right of the other’s retirement account settled in a divorce 10 yrs. ago. One spouse is now threatening the other to go back and get half of the retirement account. Can a MDA be renegotiated? The divorce took place in the state of Tennessee. Thank you.”

A marital dissolution agreement (MDA), called a marital separation agreement (MSA) in some states, is just that - an agreement. However, once approved by the court it can (and often does) carry the weight of a court order. In such cases, it is usually difficult to re-open issues that are resolved by the MDA or MDA. However, it’s not impossible - there are situations in which such an order can be reopened These situations include, but are not limited to, fraud, after-discovered assets, or changes in the law which can be applied due to some aspect of the divorce not being finalized.

You should contact an attorney in Tennessee to determine what exactly your rights - and potential exposure, if any - are.

Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!

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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

Is a Will Written and Signed Without Witnesses Legal?

Summary

“What happens if a will is written in a diary with the signature of the person who wrote it, but no witness signatures?”
That will depend in large part on in what state the will is probated, and in what state the decedent passed away (if different). In some states, such as California, a holographic [...]

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“What happens if a will is written in a diary with the signature of the person who wrote it, but no witness signatures?”

That will depend in large part on in what state the will is probated, and in what state the decedent passed away (if different). In some states, such as California, a holographic will (i.e. a will written in the decedent’s own hand) with no witnesses is admissible. Although, if someone contests the will, be prepared to have to bring in a hand-writing expert, at least.

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A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.