What to do if a deceased spouse with valid Will has private-owned family inheritances in her name alone?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a deceased spouse with valid Will has private-owned family inheritances in her name alone?
In the Will, the deceased wife bequeathed all her inherited properties to her mother. Her surviving husband had reached financial agreement in the impending divorce when his wife died. He is contesting the Will in probate court for his wife’s inherited properties so that they be given to him, plus all jointly-owned properties he was bequeathed in the Will. I am executrix of the estate and need advice on how to protect the deceased’s long-time inheritances.
Asked on August 12, 2013 under Estate Planning, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss and for the problems that have resulted. I have to say that you need to hire an attorney for the estate as soon as you can. This is not the forum to help you here. This matter is way too complicated. There are so many questions that need to be answered like the status of the properties and if the agreement will be held to be valid as a contract and thus upheld by the court. Most states will not grant the divorce to the other party when one dies during the process. Some states do retain jurisdiction over the marital property and will divide it even after the death. But some states lose the right to decide and it goes to the Probate Court. Inheritance in general is not marital property for division but again that is subject to exception. Get a really good lawyer. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.