What happens if the Ex dies B4 divorce?

[Janibel]

Not trying to be morbid or sarcastic in any way - there is a real possibility of this issue coming up in our case. STBX's health is precarious at best. After years of drinking his pancreas is failing, and late last year he suffered a second heart attack which resulted in him needing a pace-maker.

I've surfed around and there seems to be a lot of conflicting information out there. So, do any of you have opinions as to what actually happens if the Stbx expires before the divorce trial is done with?

[Rioe]

I guess it would depend on if he updated his will after you separated, or if he had one at all. Otherwise I guess you would inherit as you are still legally his wife.

[Janibel]

We wrote out our wills about 5-6 years ago, and knowing how he procrastinates, it's doubtful that he would have spent the $ to have it changed. The reason I,m a bit worried is that I read an article that claimed the SA would be respected but the private retirement benefits were iffy ....

[stripes]

Presumably, you would negotiate for a share of his estate with whoever the heir might be. (If he hasn't updated his documents, it might be you!)

[Janibel]

... or our son, which would be fine with me. He hates his own family so there's no way he would name them ...

[nfc4ever]

When my parents split, one of the first things his lawyer did was make him change his will, and power of attorney over.

[FightingForFamily]

The week after separation I hand wrote, signed and had witnessed a will while having dinner at my parents. It doesn't say much except that it revokes my previous wills.

[OrleansLawyer]

what actually happens if the Stbx expires before the divorce trial is done

The executor takes over.

If all children are from your marriage (ie, you are the parent of all of your ex's children) then that often leads to a very swift settlement of the case: mom and kids sit down and divide things up to satisfaction.

If not, step-children may keep the ball rolling.

[Janibel]

The executor takes over.

If all children are from your marriage (ie, you are the parent of all of your ex's children) then that often leads to a very swift settlement of the case: mom and kids sit down and divide things up to satisfaction.

If not, step-children may keep the ball rolling.

There are no step-children - STBX and I have only one son. Thanks OrleansLawyer, I will sleep a little better tonight.