If my father-in-law deeded his house to my husband and his brother before my mother-in-law died, if he remarried can his second wife have any claim to it?

He re-married 12 years ago.

Asked on July 8, 2012 under Estate Planning, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Hi second wife can make a claim to the assets in his estate at the time of his death under what is known as a right of election against the WIll (if she is not named) or under intestacy.   How the deed is held and his rights (a life estate perhaps?) will matter in the process.  If he has not passed I might consider speaking with ana estate planner to be sure everything is as he wishes.  An ante nuptial agreement may also help.  Good luck.

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