Question

Ross, while he was in the army, had written out a will that left all of his property, both real and personal, to his mother. When he got out of the army and came home, he married Rachel. Ross later died without changing his will. Rachel feels that she should be entitled to some of Ross's estate.

While waiting for Ross's estate to be finalized, Rachel remarries. Rachel's second husband, Joey, executes a will providing for Rachel. Later, after Rachel and Joey adopt two children, Joey dies. Rachel feels that her children should be entitled to receive something from her second husband's estate.

Regarding Ross’s will, is Rachel entitled to receive something under his will?

Regarding Joey’s will, are the adopted children entitled to receive something under his will?

Answer 1

Regarding Ross's will, Rachel cannot claim anything because Ross already executed his will in the name of his mother. Even after the death of Ross, Rachel remarried to Joey, if the property of Ross was not in the name of his mother then it can be claim by Rachel but the execution was already done so Rachel cannot claim anything and is not entitled to any moveable or immovable property of Ross. If she would not married to Joey and was living with the mother of Ross then maybe the mother could give the property to her.

Regarding Joey's will the children were adopted by Rachel and Joey together will all the legal formalities so they are entitled to recieve from Joey's will. It is because the children were consently adopted by him. The only resistance is that if Joey named someone else in his will because then the only person who is mentioned in the will will get everything.