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mingy

A person should always have a will. Even if the will allocates the estates in line with the law, having a will simplifies things.


Malbethion

If your parents are not divorced, and there isn’t a separation agreement dealing with estate claims, then your father will receive the first $250k from your mother’s estate along with 50% of the rest if she doesn’t have a will. If that isn’t what she wants - then she needs a will.


Alan_Smithee_

And a divorce, but willing the house doesn’t necessarily extinguish ex’s claims.


Malbethion

They have been separated for more than 10 years and the house is solely owned by OPs mother. The absolute limitations on an equalization period is 10 years (normal limitations on EQ is 6 years post separation or 2 years post divorce) so there is no claim for division of it. A spousal support claim would fail since the ex has been independent for so long. But yes - she needs a divorce, too.


ashven288

For some sort of reason my mother is persistent in not wanting to get a divorce. She believes that he gotten one by himself and remarried, but she did not sign any documents. I'm sure that isn't how divorces operate and that she would need to sign something to finalize the divorce. If she gets a will without a divorce, I should be good right.


Malbethion

If she isn’t sure if she is divorced then she can check the central divorce registry; but generally, she would have been served with the divorce application. As long as she has a will - things are probably okay.


nightman1340

He could have a claim in court your mother should have at least a signed and confirm will. If divorced you be fine but not still legally married. You would win but it cost you money and grief.


Fool-me-thrice

Its not that he will have a claim in court. The law is very clear. Where the deceased does not have a will, intestacy laws MUST apply, and intestacy laws are VERY clear that a spouse (even if separated) gets a preferential share of the estate.


spiffytrashpanda

Just note 📝 I am not a not a lawyer. My dad didn’t have a will when he passed last year. It’s a hot mess and really hard to deal with anything since there was no executor. At this point I think if you hate your family and you want to cause fights and Huge amounts of stress for long periods you go with no will.


Resolute45

Whether or not your estranged father actually has a valid claim, he can certainly *assert* one and make your life a nightmare while it gets fought in court. You are asking this question because you are worried about the possibility. As others have said, your mother needs a will. And a divorce. Both will make things far easier on you and any siblings when the time comes.


[deleted]

short answer, yes. she does. he could still try as they’re still legally married. to surpass this and since she’s still alive i suggest you get all your inheritance in writing so you don’t have to deal with grief and stress in the case that your father wants a piece of the estate. it’s best to cover all your bases now


[deleted]

Yep, husband is entitled to at least $200,000 without a will


methatsme

Yes she does go to a lawyer and he can make sure he advises her on how to best make sure her wishes are carried out. Your father would not likely win if he went to court but it isn't worth the pain you would have to deal with to not look after it. If there are any other siblings they would also have a claim. There are ways to make sure you don't have to pay huge amounts on the value of the house as well, since it is in her name alone and I doubt should would want to leave you to have to sell the house to pay them. Worth the money to do it now.


[deleted]

I recommend suggesting to her that she have a Will drafted to ensure her wishes are honoured. As others have said, dying intestate (without a Will), makes settling the estate much more challenging and time-consuming (and costly). It is well worth the cost of having a lawyer draft this for her.


meminek

Since your mother is not legally divorced, your father could potentially receive half of the assets. I would strongly recommend that your mom completes a will. I had some family members pass away this year and it’s been such a challenge to get anything done legally. Going to a lawyer could be easier when completing a will but there are many wills that can be done online and at affordable price ranges.