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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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My Ex-Husband past away in March of 2012. Do I have the right

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My Ex-Husband past away in March of 2012. Do I have the right to see his Will?
His new wife told us that myself or his daughter were not mentioned....???
Dear JACUSTOMER - If the will is filed in the probate court then it is a matter of public record however if there was no estate opened there would be no way for you to see a will that can't be used to distribute an estate. You would have no standing to inherit under the laws of intestate succession and there is no way to prove the existence of a will which could have been destroyed. Generally if your ex husband did not change the will after your divorce any provisions made for you under his will would be null and void since you are no longer his wife. So he would have had to have made a new will or executed a codicil for the old will to reaffirm any bequests to you. Once an estate is opened in the probate court you will be able to see exactly what has been filed. If he owned real estate or any other "titled" property there would have to be a probate case opened in order to transfer the property.
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