Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you tonight.
Here probate would need to be opened here.The probate judge would decide if this was premarital property or acquired during the marriage.The judge has to interpret the documents involved and whether this is separate property passing to the heirs or marital property left to wife number two.The wife here has burden to show it was marital--that would mean witnesses when it was purchased, how long they owned it.
Probate court here where the person deceased would have final say in any dispute.Honestly you also have right here to try and negotiate resolution if we are just talking some personal effects and you think its not worth filing probate.You have to decide if it is worth a lawyer and opening probate.This would probably run you at least $2-$3k to open probate here.You do have right to negotiate informal resolution.
I appreciate the chance to help you tonight.Thanks again.