What are an ex-wife’s rights to an asset of an estate?

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What are an ex-wife’s rights to an asset of an estate?

My father-in-law died 3 years ago, after being divorced from my mother-in-law for over 20 years. He owned part of the house she has been living in all these years (divorce agreement). After his death, she turned in his death certificate and had his name removed from the deed to the house. My husband and his brother are the legal heirs of their father’s estate, since he died without a Will. Does she have the legal right to just take the house?

Asked on April 9, 2014 under Estate Planning, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless the former wife was named in her former spouse's Will she has no rights to any portion of the father in law's estate unless the dissolution agreement states otherwise. Most likely all was severed between the two years ago. I suggest thaose that are concerned consult with a Wills and trust attorney in your locality. One can be found on attorneypages.com.


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