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Ray, Lawyer
Category: Legal
Satisfied Customers: 42906
Experience:  30 years in civil, probate, real estate, elder law
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If someone has will while married and get divorce then yr later

Customer Question

If someone has will while married and get divorce then yr later commits suicide-- The person has no up-dated will. Does former spouse still have legal rights to estate or persons Mother? There is 15 yr old son. Would deceased Mother be able to request co-personal representation?
Submitted: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
If you are still named as an heir here you can seek to probate the will and assert your legal claim as an heir.Assuming the court validates the will it would name you an heir under the terms of the will.
You can apply here to be named co personal representative if the child is also an heir or has an interest.
I would tell you to locate a local probate lawyer where spouse deceased in order to assert your claim and be named co personal representative.You want to make sure the assets here do not disappear or you get left out.You can ask for legal fees from the estate as well if you are appointed personal representative and also you are paid as PR a fee too.
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I appreciate the chance to help you tonight.Thanks again.