Does his ex-wife have any rights to his property if my son passed away and had no children? 23 Answers as of February 05, 2014

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Law Office of Pamela Braynon | Pamela Y. Braynon
No she wouldn't unless her name is on the property.
Answer Applies to: Florida
Replied: 2/5/2014
Law Offices of Frances Headley | Frances Headley
As long as the dissolution was final at the time of his death she would not have any rights unless she was included in his will.
Answer Applies to: California
Replied: 2/4/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Not normally.
Answer Applies to: California
Replied: 2/5/2014
Resnick & Moss, P.C.
Resnick & Moss, P.C. | Mark Bredow
Yes. When a person dies and is married, he may leave his property to anyone he wishes by a Will or by the terms of a Trust that were created before his death. Michigan law gives the spouse of the deceased a choice. She may accept the terms of the will if one exists, or the law grants her the right to a portion of his estate. She may chose whichever one she wants. Legal issues regarding the property of the deceased are very complicated, I recommend that you consult with an attorney experienced in Probate and Estate Planning.
Answer Applies to: Michigan
Replied: 2/4/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes, generally if it was joint or community, she would be entitle to all of it. If he had separate property, she would be entitled to up to $60,000 worth of it.
Answer Applies to: Idaho
Replied: 2/4/2014
    Gates' Law, PLLC | Thomas E. Gates
    No, she has no rights to the property. Since you did not indicate whether there was a will, I will assume not. In Washington, when one dies without a will, he dies intestate. The property would go to the surviving spouse, then the children, then parents. You would stand to be the beneficiary of his estate.
    Answer Applies to: Washington
    Replied: 2/4/2014
    Kirby G. Moss PC | Kirby G. Moss
    Assuming he had no will, his ex-wife wouldn't be entitled to anything. If he had a will, then it would control.
    Answer Applies to: Indiana
    Replied: 2/4/2014
    LAW OFFICES OF JAMES F. MALINOWSKI
    LAW OFFICES OF JAMES F. MALINOWSKI | JAMES F. MALINOWSKI
    If she is an ex wife, she is no longer an heir and has no right whatsoever to his property. In most, if not all, states, you will be his sole heir and entitled to all his property.
    Answer Applies to: Michigan
    Replied: 2/4/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If there is no Will then the decedent's property passes according the rules of descent and distribution. If the decedent was married at his death then his spouse receives his estate unless the decedent had children born to or adopted by him, in which case is distributed to the spouse and is shared by the children. An ex-spouse receives nothing. With no spouse of children his estate would be divided among his parents and siblings. A single surviving parent receives a double share. The descendants of a predeceased sibling share in the sum that would have been received by the predeceased sibling.
    Answer Applies to: Illinois
    Replied: 2/4/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Unless there may be something in the divorce decree, in Missouri, a divorce severs any relationship and the ex-wife should receive nothing.
    Answer Applies to: Missouri
    Replied: 2/4/2014
    Strickland Law, PLLC
    Strickland Law, PLLC | Jeffrey S. Strickland
    In Tennessee, the bequest?to the spouse in the will is null and void after the couple divorces. If he listed her as a beneficiary on life insurance, retirement plans, or payable on death accounts, then those would still go to her unless he changed the beneficiary designations and the like. You need to speak with counsel.
    Answer Applies to: Tennessee
    Replied: 2/4/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Not as long as son did not leave anything to former wife.
    Answer Applies to: California
    Replied: 2/4/2014
    Frederick & Frederick PLC | James P Frederick
    Not unless the divorced judgment or property settlement gave her such rights.
    Answer Applies to: Michigan
    Replied: 2/4/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Not under Michigan law unless he devised it to her in a will written after the divorce was final.
    Answer Applies to: Michigan
    Replied: 2/4/2014
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Only if he she is named in his Will or a beneficiary designation, or if she remaining rights under a marital dissolution agreement.
    Answer Applies to: Illinois
    Replied: 2/4/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    By ex-wife, do you mean that they were married at the time of his death, or that they were divorced some time in the more-distant past? His widow is entitle to most of the estate if he had no will.
    Answer Applies to: California
    Replied: 2/4/2014
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    If I understand your question, your son and his wife were divorced and then your son died. He had no children. In that situation, his ex-wife would have no claim on his estate. The only way she may have any rights is if your son had a Will naming his ex-wife as a beneficiary.
    Answer Applies to: Georgia
    Replied: 2/4/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Is there a will that your son named the ex-wife as a beneficiary which was not changed? If not or your son died without a will and your son had no children, his parents would be his heirs. Contact a probate attorney to discuss your options.
    Answer Applies to: California
    Replied: 2/5/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If your son had a will and named his ex-wife as a beneficiary, she would be entitled to that portion of his estate. However, if they are legally divorced and there is no will, she would not be entitled to anything.
    Answer Applies to: Nebraska
    Replied: 2/4/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Probably not, unless the divorce decree provides otherwise.
    Answer Applies to: Nevada
    Replied: 2/4/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    There may be something in the divorce judgment, but other than that, no.
    Answer Applies to: Oregon
    Replied: 2/4/2014
    James Law Group
    James Law Group | Christine James
    No. Parents would inherit in that case. See a probate attorney.
    Answer Applies to: California
    Replied: 2/5/2014
    Law Offices of George H. Shers | George H. Shers
    If the marital community property was handed in the divorce, then she would have no further right to his assets.
    Answer Applies to: California
    Replied: 2/4/2014
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