QUESTION
Does his ex-wife have any rights to his property if my son passed away and had no children?
Asked on Feb 02nd, 2014 on Estate Planning - Idaho
19 ANSWERS
2 Awards
No. Parents would inherit in that case. See a probate attorney.
Answered on Feb 05th, 2014 at 9:14 AM
Edwin K. Niles
Not normally.
Answered on Feb 05th, 2014 at 9:14 AM
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.
Answered on Feb 04th, 2014 at 10:15 PM
3 Awards
Probably not, unless the divorce decree provides otherwise.
Answered on Feb 04th, 2014 at 10:14 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There may be something in the divorce judgment, but other than that, no.
Answered on Feb 04th, 2014 at 10:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not under Michigan law unless he devised it to her in a will written after the divorce was final.
Answered on Feb 04th, 2014 at 10:13 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Not as long as son did not leave anything to former wife.
Answered on Feb 04th, 2014 at 10:13 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Only if he she is named in his Will or a beneficiary designation, or if she remaining rights under a marital dissolution agreement.
Answered on Feb 04th, 2014 at 10:13 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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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.
Answered on Feb 04th, 2014 at 10:13 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Not unless the divorced judgment or property settlement gave her such rights.
Answered on Feb 04th, 2014 at 10:13 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Unless there may be something in the divorce decree, in Missouri, a divorce severs any relationship and the ex-wife should receive nothing.
Answered on Feb 04th, 2014 at 10:12 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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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.
Answered on Feb 04th, 2014 at 10:12 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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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.
Answered on Feb 04th, 2014 at 10:12 PM
Thomas Edward 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.
Answered on Feb 04th, 2014 at 10:11 PM
General Practice Attorney serving Canton, MI
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James F. Malinowski
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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.
Answered on Feb 04th, 2014 at 10:11 PM
Bankruptcy Attorney serving Bloomfield Hills, MI
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Bredow Law PLC
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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.
Answered on Feb 04th, 2014 at 10:11 PM
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.
Answered on Feb 04th, 2014 at 10:09 PM
If the marital community property was handed in the divorce, then she would have no further right to his assets.
Answered on Feb 04th, 2014 at 10:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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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.
Answered on Feb 04th, 2014 at 10:03 PM