What will happen if my mother’s ex-husband left her in his Will?

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What will happen if my mother’s ex-husband left her in his Will?

It was made prior to him meeting his new wife. He never changed the Will and now she is seeking things he deemed to my mother. Does my mother legally still have a right to said things?

Asked on April 29, 2015 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The primary issue is how is she named.

If she is named only by name (e.g. "Jane Doe"), she may still be entitled to inherit, since the will identifies her by name, not by relationship. But if she was identified as "my wife, Jane Doe," then she probably is not entitled to inherit, since my identifying her as "my wife, Jane Doe," her ex-husband indicated that he was leaving her assets because she was his wife--but she no longer occupies that position or has that relationship.


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