QUESTION
Will my fiances ex wife still has rights to anything if she still has his last name?
Asked on Nov 13th, 2013 on Divorce - Florida
More details to this question:
Me and my fiance is getting married next June and I found out his ex wife still has his last name for the kids. If something were to happen to him does she have any right to anything?
8 ANSWERS
Her use of the last name does not give her any rights with respect to his property. If the two of you have any doubts, consult a family law attorney to be sure all ties were severed during the dissolution including beneficiary designations on accounts and life insurance policies.
Answered on Nov 15th, 2013 at 9:33 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No, her name is irrelevant. However, he needs to review any benefit he has to make sure her name isn't on it as a beneficiary and if he has a will he needs to change it.
Answered on Nov 14th, 2013 at 12:10 PM
No. Not because she is still using his name.
Answered on Nov 14th, 2013 at 9:48 AM
Bruce Provda
Not unless he made out a will after the divorce and left her something. Their joint assets should have been divided up in the divorce.
Answered on Nov 14th, 2013 at 9:28 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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She would not have any rights to anything, but his children certainly would.
Answered on Nov 14th, 2013 at 9:28 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Her rights were cut off when they got divorced. The last name does not mean anything.
Answered on Nov 14th, 2013 at 9:28 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She should not, unless preserved in the divorce judgment. His children do have rights.
Answered on Nov 14th, 2013 at 9:27 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If she and the children are in Florida she is considered dead as of the date of the divorce. The children have an interest in the Father's estate, along with the current Wife. If they live out of Florida that state may have different laws.
Answered on Nov 14th, 2013 at 8:09 AM