Death After Re-marriage: Property Rights?

[cathanley0921]

What is the name of your state? New York

Mother and father-in-law divorced after 40+ years marriage. Father-in-law remarries, becomes ill, and dies after 6 years with new wife. Mother-in-law still living on original homestead and running farm business, paying all taxes, bills, and mortgage on property. Has will from ex-husband, willing all property to her (her name is on deed). One day before death, heavily medicated father-in-law draws up new will, leaving half his assets to new wife. New wife staking claim on half of real estate and personal property. Can new will be contested? Is there some kind of "abandonment" law leaving all property rights to the person who continued to dwell there and support property financially?

 

[BelizeBreeze]

First off, the ex wife has NO LEGAL property rights after divorce unless specifically stipulated in the will. Secondly, if the new will is found to be valid, it controls, NOT the old will. Third, simply living on a property and maintaining it gives NO PARTY ownership rights.

Now, with all of that said, in this situation the DEED controls. So, since the ex-wife is on the deed with pops, you need to come back and tell us HOW their names are listed to receive a valid response.

I will tell you this however; if the names are not listed as Joint Tenants with Rights of Survivorship, then the new wife is 100% correct. SHE now owns dad's property which, in this case, is his portion of the far.