Q: Can a divorce decree act as a will?
When my parents divorced, they agreed to leave the house in both of their names. When one dies it is left to the ex-spouse and when they both die, it is divided among the kids. Both remarried. My father passed without a will. They did not have any other documentation, such as Right to Survivorship or Transfer on Death, just the divorce decree. Can that act as part of a will or is it Intestate Succession?
A: Because your father passed without a will, his estate will be administered under the laws of intestate succession. That does give his new wife very high priority. However, your mother, who I assume survived him, should be able to make a claim against the estate for the house based on the divorce decree. She needs to contact a probate attorney right away, as delay can result in loss of rights.
Anthony M. Avery agrees with this answer
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