Saturday, January 9, 2010

If a spouse dies before a divorce is granted, does the other spouse get everything?

If a divorce action has been filed with the courts, but the final disposition date has not been assigned, or has not yet arrived---and one of the spouses dies, does the other one automatically get everything as if there had not been a divorce pending? What if the dead spouse has no Will? Does that change anything?If a spouse dies before a divorce is granted, does the other spouse get everything?
depends on the state... in NJ yes it does mean the spouse gets everything... only reason i know that is because i had a friend recently go through a divorce and her final final date isn't until jan 5 of next year.... so if he dies she will get everything still and his fiance will not get anything.If a spouse dies before a divorce is granted, does the other spouse get everything?
If the divorce is not granted the marriage is valid. If there is no will, the surviving spouse should inherit as if no divorce was filed.





That being said, anything is open to interpretation in the courts. If nobody contests the inheritance, the survivor should have no problems. However, it's unlikely that the deceased person's family would allow that. They will contest the inheritance.





Also, every state handles these things differently. If this should happen, only a lawyer in your state will know for sure.
If the spouse dies without a wil (in testate) the estate will have to go through probate. Probate judges have seen this situation before and the best advice is to get a good probate attorney to represent your rights if you are a potential beneficiary.
you need to get some legal counsel. although i wanna say yes you never know. in addition, lot's of this stuff can change on a case by case basis. spend the $100-$150 and seek legal counsel.
Yup. He/she sure does get everything. Unless they had a will....but even with a will, a will can be disputed (look at Anna Nicole Smith) My military lawyer (the Jag) told me a will is just a legal way of telling what you want, but it doesn't make anything set in stone.
If the spouse died before a divorce was official then you are technically still married, and everything WOULD go to you regardless. As for the will - no idea.





You should ask an attorney, they'd give you the best answer.
Until the divorce papers are signed they are legally married, no matter if there is anything pending or not, whether there is a will or not.. the spouse is considered next of kin, up until the divorce papers are signed and sealed..
Something sounds a little off, unless your spouse has terminal cancer.


Check with your attorney.
No.


Once you file for divorce you are legally separated. at that point the next of kin is who would inherit everything.
If that happens you better get a good lawyer, cause someone maybe comin after you with murder charges.
You should contact a lawyer.
If there is no will, the other spouse inherits. A will would override that.
THEY GET WHAT IS DICTATED IN THE LAWS OF THE STATE.
i guess technically their still married
You sound like you are plotting something so all I am going to say is..Ask a lawyer!

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