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Old 02-19-2009, 04:48 AM
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Default where does one stand if death happens before divorce settled

I wonder where one stands legally if a woman files for divorce but before the divorce is settled by the court,the man dies.Does the law still continue with the divorce or puts a halt to it and transfers all the property and dosh to the woman?Lets say that they have a dependent who the woman did not want with her.
Do the courts continue the divorce proceedings and give the dependent and her mother their share by dividing the assets?After all the woman did let the court know that she did not want to be the wife any longer and even though the husband is dead,her intentions were clear ,then should the divorce continue?
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Old 02-19-2009, 07:31 AM
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I am thinking that if there is a will then that it would be the way to decide how the deceaseds estate is settled. The law would not continue with the divorce because there is no longer a valid marriage. She would be considered a widow and free to legally marry who she chooses when she chooses.

This brings up a really good point though. If you are going through a separation or divorce make sure your will is updated accordingly.Wills are one of those things that we hate to do and once it is done we forget about it. At least once a year and everytime there is a change in cicumstances make sure to pull it out and check it over. My parents still had it in their wills about guardians for my brother and I even though we were both over the age of 20. They also had an excuter who had passed away. They had the will done when we were under the age of 10. The only reason they updated it was because my brother was killed in a car accident so they had to see the lawyer to settle his estate (no will). The lawyer got them to update their wills then.
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Old 02-23-2009, 11:47 AM
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This happened to a friend of a friend. They were separated and heading for court when he died. Because his will wasn't updated, she got it all.
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Old 02-23-2009, 06:03 PM
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Quote:
Originally Posted by Shafted and Piston View Post
This happened to a friend of a friend. They were separated and heading for court when he died. Because his will wasn't updated, she got it all.
that would suck. Another thing to remember about is life insurance policies and the benifeciary on it.
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Old 02-23-2009, 07:55 PM
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Yep, in the absence of a valid will, spouse gets it all. Even if a valid will was present, it's common for spouses to contest it.

That's why it's important to take the last step and get the divorce.
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