Legal Question in Wills and Trusts in Nevada
Is an ex-wife of over 17 yrs able to collect on monies from a recently deceased
My step-dad passed away on Oct 18,03. His will states that ALL property is to be divided between my Mother (as she see's fit) & his 3 grown children.(she is listed as the sole executress(?)on the will) We got a fax today from an attorney representing his ex (divorced over 17 yrs ago) stating that she is entitled to his Estate, also. There is nothing in writing EXCEPT the divorce decree from 17 yrs ago. She is in WA, we are in NV. My Mom has been MORE than fair splitting everything w/ the kids...Is his ex still eligible for any of his Estate ? Unfortunately, my Mother has a REALLY crappy attorney (in my opinion) & he seems as if he is just going to start handing things over. We are not greedy by any means, but my step-dad DESPISED his ex-wife, and wanted my Mother to be taken care of after his passing...the day of his memorial service (Oct 25, 03), the family stole the will from my Mothers home, while the EMT's were there trying to revive my Grandmother, who had a massive heart attack and died in front of us all. To say the least, it was a HORRIBLE week, and this just pours salt in the wound. Thank youfor ANY help, we really are desperate here.--name removed--
1 Answer from Attorneys
Re: Is an ex-wife of over 17 yrs able to collect on monies from a recently decea
It is unlikely that the ex from 17 years ago would be able to collect anything from your step-father's estate. Having said that, an attorney would need to talk to the ex's attorney to learn the basis for her claim against the estate. It is possible that the divorce decree provided that the ex should receive something upon his death, but I would need to see the documents to tell for sure. H
How much money was in his estate? Will contests are expensive. Unless he left a large estate, it is hard to imagine that the ex would litigate for small change.
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