Divorce Solutions

Question #22

Recently, my ex-husband passed away. Our son, who is 18, has applied for the Administrator of his estate. He is the only child my ex-spouse has. In the meantime, we found out that he had been married after we divorced and never divorced the second wife. They were married in Sept. of 1996 (in New York), and she left the marriage after only three months. (It is going on seven years now that they have not been together.) Now that he has passed away, she wants my son to sign an agreement saying that he will not contest her status as his wife, but this means she will get EVERYTHING (the estate is worth less than 50,000), and he NOTHING. I find this so unfair and believe that there should be some law or something that could protect my college-bound son. Thank you so much.

Your son should refuse to sign any papers without first consulting with legal counsel. If you are located in the New York City metropolitan area, please call me at 212-370-1660. He should try to contact a lawyer with whom you’re ex-husband may have consulted who may have a Will executed by your husband. In any case, his son should not sign any papers without legal advice.

Leonard M. Weiner, Esq./Divorce Solutions