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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40981
Experience:  Texas lawyer for 30 years in Estate law
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My father-in-law recently passed away and he had remarried

Customer Question

My father-in-law recently passed away and he had remarried after his first wife of 42 years passed a few years ago. Now he did have a prenup with 2nd wife that stated all property and belongings acquired before their marriage went to his daughters. Anything acuried after the marriage belonged to her. Now a list has been produced by the 2nd wife/widow of items she is to receive which are from the 1st marriage, some are family heirlooms. The list has both parties signatures but is not dated. The 2nd wife has decided to move back to Georgia. Does the 2nd wife/widow have rights to any items from the first marriage.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

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.

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