My brother died, had a will naming his wife and step child as heirs they since divorced is she still entitled to everything

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she claims she is executor of the will but it named her as his wife they since divorced and she signed off on everything can she still get everything if he didn't change his will and do his stepchildren get it if they are not still not legally married.

Attorney Answers

3
John Musacchio ·
First, my condolences on the loss of your brother. Now for the legal question: if your brother and his ex-wife were actually divorced or had a judicial separation, then the effect would typically be revocation of the Will's appointment of his ex-wife as executor. This is likely to turn into a complicated matter since your brother did not change his Will after his divorce, especially because it sounds like his ex-wife will not want to give up what she would have been entitled to under his Will if they had stayed married. Having handled other estate litigation matters, I would strongly recommend that you hire an attorney experienced in probate and estate litigation as soon as possible to represent your interests. I wish you the very best. Do not hesitate to ask if you have additional questions or need more information.
0 upvotes
Jason Isaacson ·
Typically a Judgment of Divorce cuts off a former spouse's rights under a Will, as long as the Will was executed prior to the divorce and was not updated after the divorce was final. You should consult with an attorney.
0 upvotes
Ira Treuhaft ·
You need to speak to your attorney. You need to review the will and the divorce decree.
0 upvotes

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