Q: Friend died after bad divorce. Ex-wife quit her claim to home. In probate, she claims rights to home. Can she do this?
My friend passed away in June from cancer. Sadly, he also endured a contentious divorce during his final year. The ex-wife signed off on a quit claim deed removing her rights to the house. They have 3 children who are all under 8 years old. My friend left his mother as the beneficiary of his estate, as the children live with their mother in their own home. However, now that it is time to enter the probate process, the ex-wife is making a claim to the home based on grounds that the children are the natural heirs of the estate and as their guardian, possession of the home should pass to her. The wording of the will places his mother as the beneficiary of ALL of his estate, but the children are not mentioned. The understanding is that my friend's mother will see to the proper distribution of items to the children, while the house remains hers. The ex-wife contends that omitting the children from the will does not remove their claim. Does the ex-wife have any claims to the house?
A: It can be argued that the mother inherited in constructive trust for her grandchildren.
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