Does a Will Created Before We Married Need to be Renewed?
We are unsure of the basis upon which the ex-wife is claiming a share of the estate. lIf he left a valid will, the property will pass according to the will. If the ex-wife quitclaimed the property to him, it was his to do what he wanted with in his will or by way of joint tenancy with right of survivorship, etc. If he was not the sole owner, and was a tenant in common, rather than a joint tenant with right of survivorship, then he could bequeath his share of the property in a will. If he was joint tenant with right of survivorship, the surviving owner(s) would automatically inherit his share. The liability for the mortgage is entirely separate from the property ownership and should have been assigned in the divorce. We suggest you contact a local attorney who can review all the facts and documents involved.