What can be done if my sisters boyfriend of 11 years passed away but in his Will he left everything to his now remarried ex-wife?

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What can be done if my sisters boyfriend of 11 years passed away but in his Will he left everything to his now remarried ex-wife?

Is there any way to fight this? His Will was created years before while he was married. My sister lived with him for 10 years.

Asked on August 12, 2014 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your sister's loss. The issue boils down to this: even if the Will were challenged and thrown out, he would then have been consdered to have died "intestate" and under the intestacy statute in the state she would not be entitled to inherit from his estate. She is not an heir at law. Only those items they owned jointly would she have a claim to.  


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