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?

I have an attorney for probate but he is away for 3 weeks and I am on the edge of my seat for an answer to this.


Asked on 1/20/10, 3:19 pm

1 Answer from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

It's only fair that you wait for your probate attorney to return from vacation to answer your question.

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Answered on 1/25/10, 3:59 pm


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