Legal Question in Wills and Trusts in Virginia
wills and estate
my husband was married before,divorced her and married me in 2005. we hadn't made a will yet and I find out there is a will dated from 1971 that his ex-wife has. What are my legal rights to the estate, or claim. There was a daughter who is now 38 that my husband and his ex-wife had.
1 Answer from Attorneys
Re: wills and estate
As his wife you will be entitled to a portion of the estate regardless of the 1971 will. His daughter will also be entitled to a portion of the estate. His ex-wife should not receive any property from his estate if the will was drafted while they were married and they have since been divorced (unless they have a separation agreement or other court order entitling her to certain property or money after his death).
I suggest that you attempt to determine whether the will named an executor or administrator. If not, or if the person named is no longer able to serve or is his former wife, then I suggest that you attempt to qualify as the executor or administrator. You can go to the circuit court where your husband last resided to do this.
If his ex-wife is withholding the will from you, suggests that she administer the estate, or is doing anything else that doesn't seem to you to be proper, I would suggest that you hire an attorney to assist you.