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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35333
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My mother and step father have been married years. My mother

Customer Question

Hello,
My mother and step father have been married for 25 years.
My mother recently told me that her husband has an old will from his first marriage (divorced in 1970's).... This will from exsoouse was never updated in 40 years!
1 week later my step father who is 85 years old is rushed to the hospital for breathing issues. He does not have much time left.
I have been trying to quickly get my mothers information together. I dont believe that i will be able to have a lawyer meet with my parents to draw up a new will before my step father passes.
At this time I have confirmed that my mother is listed as the beneficiary on her husbands IRA accounts.
I went to the town clerks office and obtaibed the public records for the home. Their community is oak beach new york. In this area people do not have "deeds" to a home. Instead they have a "lease agreement". Both my mother and her husband are listed on the lease.
Should her husband pass away very soon. And we have no opportunity to draw up a new will, will my mother still keep her home and ira accounts?
We do not have a copy of this old will that was drawn up when her husband married his first wife. It is still out there and would list other people as the beneficiaries of her home. Since she had not met her husband yet.
Submitted: 5 months ago.
Category: Family Law
Expert:  LawTalk replied 5 months ago.

Good afternoon Mary,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Because both your mother and her husband are on the lease, and your mother is the named beneficiary of the IRA accounts, those will automatically pass to your mother on the passing of her husband.

Under most state laws, including NY, a divorce results in the automatic revocation of the ex-spouse's right to claim under an existing will, so unless the original will of the husband listed beneficiaries other than his spouse at the time, then your mother will presumably inherit all of the assets of his estate, including her marital share of the property which is hers based on being married during the accumulation of the marital assets. http://www.jdbar.com/Statutes/EPTL-5-1_4/eptl-5-1_4.html

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 5 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you? I am not compensated until you rate me.

Thanks in advance,

Doug

Expert:  LawTalk replied 5 months ago.

Good afternoon,

Is there anything else I can assist you with this afternoon?

Doug

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