Divorce and Will

[stdcheck]

What is the name of your state (only U.S. law)? Ohio

My divorce was finalized less then 2 months ago and I recently heard the terrible news that one her relatives recently passed. The relative was very wealthy and certainly included my ex-wife and I in the will at some point.

- In the unlikely event the will was not updated and still refers to A&B as a married couple - can my ex-wife take steps it to exclude me? Do I have any recourse.
- In the more likely event the will has been updated but still refers to me - can she still contest it?
- Is it feasible for me not to be notified if I am named in the will.
- Can I ask for copy of the will?

Generally, I feel the last wishes of the deceased and intent of the will should be followed, my concern is that it usurped because of ... various reasons.

 

[anteater]

- In the unlikely event the will was not updated and still refers to A&B as a married couple - can my ex-wife take steps it to exclude me? Do I have any recourse.

Your ex really has no say in the matter. But, if the will has wording such as that, then I think that you would be into a gray area and I would suggest that you take a copy of the will and consult with your own attorney. The exact wording and applicable state case law will likely be crucial.

- In the more likely event the will has been updated but still refers to me - can she still contest it?

I take it that "she" refers to your ex? Yeah, I guess that your ex could challenge the will. But, if you mean that the will was updated after the divorce and names you as an individual, I can't see the challenge being successful.

- Is it feasible for me not to be notified if I am named in the will.

Sure, the estate's fiduciary could always ignore the fiduciary's obligations. Assuming that the deceased resided in Ohio:

2107.19 Notice of admission of will to probate.
(A)(1) Subject to divisions (A)(2) and (B) of this section, when a will has been admitted to probate, the fiduciary for the estate or another person specified in division (A)(4) of this section shall, within two weeks of the admission of the will to probate, give a notice as described in this division and in the manner provided by Civil Rule 73(E) to the surviving spouse of the testator, to all persons who would be entitled to inherit from the testator under Chapter 2105. of the Revised Code if the testator had died intestate, and to all legatees and devisees named in the will. The notice shall mention the probate of the will and, if a particular person being given the notice is a legatee or devisee named in the will, shall state that the person is named in the will as beneficiary. A copy of the will admitted to probate is not required to be given with the notice....

The entire section is at:

http://codes.ohio.gov/orc/2107.19

- Can I ask for copy of the will?

Well, sure, you can always make the request. I am not certain if the estate's fiduciary in Ohio is obligated to provide a copy if requested. You may have to contact the probate court to obtain a copy.