Detroit, MI asked in Family Law and Probate for Ohio

Q: Mom’s estranged husband passed. Need info about will and off he married someone else

Mom and her husband have been estranged for over 20 years. She just found out he passed a few months ago. Obit mentioned another spouse? Just looking for a direction to go in.

Related Topics:
1 Lawyer Answer

A: If she did not divorce him then the subsequent marriage is void. Even if there is a new will, she can elect to take against the will and may be entitled to a portion of her spouse's estate.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.