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What rights does the estranged wife have when her husband's fiancee is the named executor in the will?
Wiki User
∙ 13y ago
A legally married couple remains married until the marriage is dissolved by a divorce decree. If you are estranged from your husband and he dies you would be the surviving spouse and listed in the next of kin. If he died intestate you would be entitled take an intestate share of his estate as the surviving spouse according to your state laws of intestacy.
If he died and left a will that excludes you then in most states you can take a share of the estate under the Doctrine of Election. That share generally equals an intestate share. If you own any property by a survivorship deed his interest passed to you automatically and did not become part of his estate.
In addition, as the legal spouse you would be favored by the court to be appointed the executor. The "fiancee" has no legal rights whatsoever.
You can check the laws of intestacy for your state at the related question link provided below. You should consult with an attorney who specializes in probate law in your jurisdiction.
Wiki User
∙ 13y ago
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What are a husband's rights if his estranged wife leaves a will and puts her sister as Executor and the sister won't share the will?
AnswerYou need to speak to a lawyer regarding your rights. I don't know if your estranged wife has passed away or not but you definitely need to speak to a lawyer regarding your rights in this matter.
What rights have as beneficiary in will when not the executor?
All the rights required. He or she does not need to be an executor to receive any bequest. It is the responsibility and legal duty of the executor to carry out the wishes of the deceased.
Can you exclude an estranged sister from your father's will?
No, you have no rights to change your father's will.
In WI does said named executor have rights before the will is admitted to the court and if said executor does not open probate does he still have rights to execute the will?
No and no.
Does the executor of a will have rights to distribute the estate before the mom dies?
They certainly do not have the rights. The executor has no power while the testator is still living.
Can the executor quit claim the property given to the executor?
They can do whatever they wish with their rights and property.
What rights does a family executor have while the parent is still living?
They have absolutely no rights. An executor does not obtain any power until appointed by the court.
Is a wife have monetary rights to her husbands home in a divorce?
Yes a wife has monetary rights to her husbands home in a divorce.
If an estranged husband was to die through malpractice dose the estranged wife have the rights to make a clain in a court of law?
depends on the jurisdiction, consult a lawyer
Can an executor encourage someone to change will?
The executor has the same rights as any other person. They can ask someone to change their will.
Do you have rights as next of kin to your husband if you are an estranged wife?
An estranged wife is still married and has all the legal rights that inure to a spouse. Your legal status is not changed by living apart, only if the marriage is legally dissolved by a divorce. You are legal next of kin to your husband.
Does the word fiancee on a will mean spouse?
No, the term fiancee does not have a legal connotation on a deed or in a will. If they are the wife they will have specific rights. But the use of fiancee can be part of the identifier of an individual to make sure they have the correct person. It does serve as notification to check for possible dower rights of the wife. They may have to sign off on any transfer and it does not confer tenants in common on the property.
