Worried4Mom
Junior Member
What is the name of your state (only U.S. law)? Georgia
My father died 14 years ago and in his will left everything to my mother. My dad was married before about 1952 and supposedly divorced his first wife about 1954. We don't know for certain that they actually got a legal divorce. I know that he paid alimony for a while but that's it. Mom and Dad did not get legally married until about 1991.
My brother had a falling out with mom last year. He contends that mom and dad were never legally married because Dad and his first wife were never legally divorced, voiding dad's will. He has gotten a lawyer and is trying to take mom's house and land away.
My question is can he legally do that? Does the fact that dad paid his first wife alimony mean that they got a legal divorce at some point? If they did not legally divorce does that void dad's will, but then hasn't the statue of limitations run out? My mom is elderly and doesn't need all this stress in her life. What should be done?
My father died 14 years ago and in his will left everything to my mother. My dad was married before about 1952 and supposedly divorced his first wife about 1954. We don't know for certain that they actually got a legal divorce. I know that he paid alimony for a while but that's it. Mom and Dad did not get legally married until about 1991.
My brother had a falling out with mom last year. He contends that mom and dad were never legally married because Dad and his first wife were never legally divorced, voiding dad's will. He has gotten a lawyer and is trying to take mom's house and land away.
My question is can he legally do that? Does the fact that dad paid his first wife alimony mean that they got a legal divorce at some point? If they did not legally divorce does that void dad's will, but then hasn't the statue of limitations run out? My mom is elderly and doesn't need all this stress in her life. What should be done?