Can my ex husband can make a claim against my mother's estate if she dies before I remarry?

sonu

since legally you are divorced and inspite of having lived together you have not married to him again, i dont think he can make any claims to your mothers estate.

However, its best to check details with a lawyer and get this matter clear and straight in your mind and for yourself.

Julia H

Highly unlikely. Unless your Mother liked him and has named him as a beneficiary, then I'd say no.

Anchor Cranker

It does not sound correct to me.

Go and speak to a lawyer to be sure.

Heather B

No, he can't. Your inheritance is YOUR posession and a husband or ex-husband has no claim on it.

****

Phone a solicitor, anyone will do they will give you free advice on it.

yuki_natsuo

i dun think so unless if it happens to be his own mom...call up a lawyer or something...

trooper3316

I wouldn't even waste my time talking to an attorney until he actually makes a claim.

I can't even imagine why the courts would even consider a request like that.

Justa Angel

NO, he would have no right to any assets you received after your divorce. It does not matter that you were "back together" for a time if you never remarried.

Sageandscholar

Do you really think Yahoo Answers is the place to go for complex legal advice???.

jackie m

UK Law - No, even if you were still married the only way he can claim is if you die before him but normally he would have to be named on the will. Check with a Lawyer.

El Cid

I'm afraid you are in the murky waters of ambiguity here as far as the law is concerned. Your divorce 10 years ago would have cut him out, but the subsequent reconciliation creates a possible minefield. The fact that you actually cam to a financial settlement (presumably he got more than you did out of it) may be used to indicate some kind of entitlement. The fact that it was 'accepted and not challenged' at that time may count for little unless things were wrapped up in a legally binding way.

It is better to consult with a good solicitor who is well-versed in family and inheritance laws.

gomanyes562

First things first, what state or country are you in?

sandman

Yes he can in California. Have your mother put the estate in a ( living trust ) or try a grandfather clause. Maybe the estate can be home steaded.

DrIG

Contact an attorney. He might advise your mother to include a specific statement in her will that he is not entitled to anything.

Brian A

Unless he married your mother after divorcing you I do not see any way that your ex could have a claim on YOUR mother's estate.

Carl P

Your mother's will decides who and how the Estate will be handled. If he wishes to make a claim against you after settlement of the will he would need to prove in court his case.

If your mother has not filed a will, I recommend you ask her to do so.
If your ex decides to place a claim against your share of the Estate, that would be between you two, I recommend you get legal advice on how to protect your assets from him.

"isitme"

You're getting a lot of replies here but no answers, all links your husband had with your family died when you divorced. He has absolutely no claim or rights to your Mothers estate unless specifically mentioned in the will. Although anybody can contest any will, there has to be grounds to contest and,
"I was married to her daughter ten years ago" certainly isn't one of them.

jenny

You are all wrong, I am too divorced and have been 5 years however I am wanting to get re-married, have the wedding booked the lot only to be told that as I didn't put a financial provision in place (which has to go through court, this is not the same as a financial statement) at the time of my divorce I simply obtained my decree absolute and walked away, I have now learnt the hard way and if I re-marry as my new fiance has property and money then my ex can claim half of everything, I have now been begging my ex to sign, to no avail and as a result my new wedding has had to be postponed until I can fight him in court to prove I don not own any estate, the same rule would apply if I recieved an inheritance or even won the lottery. you need to seek advice from a good solicitor. Good luck.

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