If my father died and had a Will from when he was still married to my mother which left everything to her, can she still inherit?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my father died and had a Will from when he was still married to my mother which left everything to her, can she still inherit?

My parents divorced 15 years ago. Does everything still go to my mom even thought they were divorced?

Asked on September 28, 2014 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends on how she was named in the will:

1) If she was identified in the will by name (e.g. "Jane Doe"), it should still go to her.

2) If she was identified as "my wife" (or something similar), it would not go to her--she is no longer his wife.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption