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Gary Botwinick Quoted In Article, “My Ex-Wife Died. Do I Have Rights To Her House?”

May 11, 2020

As published in and, May 7, 2020

Q. I got divorced in 2005. My ex wife just passed away. She had no kids, her parents are gone and she had no brothers and sisters. Who gets her house?

If your ex-wife had a will, then the determination of inheritance of the residence would be based on the terms of the will, said Gary Botwinick, an estate planning attorney and chair of the wills, trusts and estates group at Einhorn, Barbarito, Frost & Botwinick in Denville.

He offered these examples: If your ex left the house to her best friend from high school, then that is who would inherit the house. If your ex-wife had a will that left the house to you, but the will was executed before the divorce, then you would not be entitled to that inheritance.

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