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x-husband living with x=wife til death do they part

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T

Trucky

Guest
There was a man and woman that were married 30+ yrs. and she got a devorce so she could collect her x-hubbys ss, but she and her #2 never seperated. they continued living as husband & wife til she passed away a little less than 10 yrs ago. they had wills made leaving everything to each other but now her kids want everything and the house was in both his and her names, and living together all along, contents in home were in his possession all along. he paid all the bills and took care of her while she was wery ill. Where does he stand as far as owning anything and legally how long do they have to file the will for probate before things can legally go his way, if they haven't by now? 10 yrs seens long enough and if she hadn't wanted him to still get what was rightfully his, she would have changed the will. she didn't realize it wouldn't stay the same after they devorced. I hope this can be answered soon. I'm from NY so need that state rule.
 


ALawyer

Senior Member
I am not sure I follow this.

A will MUST be filed for and admitted to probate to take legal effect. If he did not file her will in Surrogate's Court, her heirs can seek to get appointed administrators as if there was no will, and try to inherit as heirs at law. He will then be notified and can say there is a will and the judge will decide if the will is valid.

If the house was "in both names" was it as tenants in common (in which case her estate owns half) or as joint tenants (in which case he inherited it at her death by operation of law)? That's what is key.
 

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