Legal Question in Real Estate Law in District of Columbia
Property left in a will
Uncle passes away, and leaves his current wife property.
Ex wife places her name on all his property, using her old marriage license. Current wife has copy of the divorce back in 82. Can someone really do that and is it valid? How can we fix the situation, without pressing charges?
2 Answers from Attorneys
Re: Property left in a will
The facts that you are describing need a more accurate analysis. Has the uncles' estate gone through the probate process? it is not clear how the ex-wife, who is only entitled to whatever the divorce decree says, could have just "put" her name on his property!!! what type of property are we talking about? Real Estate? if so was it a property that they held as tenants by entirety that somehow was missed in the divorce proceedings? You really should seek the help of an attorney, at least to review your situation and chose the best course of action.
Sincerely,
Tiziana Ventimiglia, Esq.
1025 Connecticute Ave. N.W.
Suite 1012
Washington, D.C. 20036
202/271-5983
Re: Property left in a will
Your uncle's surviving spouse whom he was married
to at the time of his death would be the only person, under the facts you've described, to have legal title to his property, whether real or personal. The previous spouse whom he divorced
in 1982 most likely would only have what she was given in the final decree of divorce and would not simply be able to "place her name on all his property", by using an obsolete marriage license to validate a legal status which had already been terminated by a legally recognized divorce.
However, you would be well advised, I believe, along with your uncle's surviving spouse, to arrange a consultation with an attorney versed in probate as well as family law matters to review the situation along with the pertinent documents to determine whether anything is really amiss here.