What will happen if a good friend of mine died a few weeks ago but never updated his Will so his ex-wife’s name is still on it?

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What will happen if a good friend of mine died a few weeks ago but never updated his Will so his ex-wife’s name is still on it?

She doesn’t want anything to do with it and said because I was my friend’s best friend it is all mine. I want to know if there is a form his ex-wife and I can sign giving me legal right to his things?

Asked on September 27, 2012 under Estate Planning, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if your friend passed leaving a Will and the Will is known where to be, it is required to be probated. You can probate your friend's Will where his former wife can accept the bequest that apparently is given to her and then transfer such she has been given under the Will to you.

I suggest that you consult with a Wills and trust attorney further on the matter you have written about.


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