Sandwich, MA asked in Probate and Estate Planning for Massachusetts

Q: My brother died during the recent endemic.His ex wife did not want me speaking to him while he was hospitalized.

She called to say she is his sole heir.

How do I find out if this is legit?

He lived in CT.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: If your brother did not have a will, then her statement is not legitimate. If your brother had a will made after he divorced her, then it is theoretically possible (but in my experience not likely).

It sounds like you are the next of kin. You can hire a probate attorney to open a probate case and you can petition the court to have yourself appointed as executor or personal representative of his estate. After your appointed, either you or the court can then demand that the ex turn over any will in her possession to the court.

Lillian J. LaRosa
Lillian J. LaRosa
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: This is a Connecticut Probate question, but normally divorce ends the heir status. Contact a Connecticut probate attorney for more details .

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