Legal Question in Wills and Trusts in Connecticut
My mother purchased her house in 1978. In 1979 she married. In 1983 he abandoned her. In 2008 she passed away. He never went back with her, they never really kept contact either but they remained legally married all this time. When my mom got sick she made a will. The will disinherited him on the advise of her attorney knowing they were still legally married, the attorney said she had to at least mention disinheritence on him.
Her husband is claiming now he has a legal right to 1/2 the estate (house paid for) because he was still legally married to her when she died. He is blackmailing me by stating he wants $8000.00 or he is going to detest the will and 'stake his claim' so to speak. I am the only living child and only heir to her estate.
My thought is she owned the house before she married him, his name is nowhere on the house papers nor ever was how can he have the right to 1/2 the house (if he gets a lawyer to get involved) when she owned it before she married him?
My husband died in 1997 and he owed $20,000 to a hospital, this bill was made before we got married. I received 250K life insurance and was not responsible to pay $1 on that bill because it was made before we were married. Isn't my mothers case the same thing?
1 Answer from Attorneys
Unfortunately, he is entitled to a life estate of 1/3 of the value of her entire estate after payment of the debts and charges against the estate, under the statute because he was the surviving spouse.
This is not the same as the hospital bill owed by your deceased spouse. You are not responsible for the debt because it was incurred prior to your marriage to him. In your mother's case, the "statutory share" is governed by state statute.
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