Posted on: 30th May, 2010 05:56 am
My sister's common law husband died. They had a joint mortgage with loan protector insurance. The loan was fully paid...her common law husband had a 30 year old will which made his former wife the beneficiary. Does his former wife have any claim to the house?
Hi Dale,
If the husband's will mentions that the former wife will receive the property, then that will would be considered as legal. The will has to be probated and the property should be transferred to the former wife. However, if the husband had signed a deed and transferred the property to his present wife during his lifetime, then that deed would be given priority over the will.
If the husband's will mentions that the former wife will receive the property, then that will would be considered as legal. The will has to be probated and the property should be transferred to the former wife. However, if the husband had signed a deed and transferred the property to his present wife during his lifetime, then that deed would be given priority over the will.