Posthumous Divorce?

[Zephar]

What is the name of your state (only U.S. law)? North Carolina

Hello, My mother inlaw died recently in a motorcycle accident. She had been seperated since June 07 and filed for divorce July 08. It was a mutual divorce settlement and they had no children together. They had already seperated all assets. She had an motorcycle accident 2 weeks after signing the divorce papers and died a day and a half later. They said that the divorce could not finalized because she died before it was finalized. Can a posthumous divorce be pursued? Her ex husband or technically still legally her husband said he doesn't want anything to do with her estate or and wrongful death settlement, they settled things 50/50. We know that he can legally change his mind although he has signed several release papers for her estate, etc over to my husband, her only child. Is there any way to get the divorce papers pushed through in this state since they had already been signed? Thanks.

 

[LdiJ]

What is the name of your state (only U.S. law)? North Carolina

Hello, My mother inlaw died recently in a motorcycle accident. She had been seperated since June 07 and filed for divorce July 08. It was a mutual divorce settlement and they had no children together. They had already seperated all assets. She had an motorcycle accident 2 weeks after signing the divorce papers and died a day and a half later. They said that the divorce could not finalized because she died before it was finalized. Can a posthumous divorce be pursued? Her ex husband or technically still legally her husband said he doesn't want anything to do with her estate or and wrongful death settlement, they settled things 50/50. We know that he can legally change his mind although he has signed several release papers for her estate, etc over to my husband, her only child. Is there any way to get the divorce papers pushed through in this state since they had already been signed? Thanks.

Who is "they"?

 

[seniorjudge]

Dead people cannot get divorced.

 

[tuffbrk]

Dead people cannot get divorced.

Giggle, giggle, snort...

 

[Tallrat]

Dead people cannot get divorced.

And living people cannot afford to! Sounds like your fil is being gracious. Unless he does something to change that keep playing nice.

 

[proud_parent]

Her ex husband or technically still legally her husband...

You sure about that? If this were true, every person who remarries following the death of a spouse would be guilty of bigamy.

 

[TheGeekess]

What is the name of your state (only U.S. law)? North Carolina

Hello, My mother inlaw died recently in a motorcycle accident. She had been seperated since June 07 and filed for divorce July 08. It was a mutual divorce settlement and they had no children together. They had already seperated all assets. She had an motorcycle accident 2 weeks after signing the divorce papers and died a day and a half later. They said that the divorce could not finalized because she died before it was finalized. Can a posthumous divorce be pursued? Her ex husband or technically still legally her husband said he doesn't want anything to do with her estate or and wrongful death settlement, they settled things 50/50. We know that he can legally change his mind although he has signed several release papers for her estate, etc over to my husband, her only child. Is there any way to get the divorce papers pushed through in this state since they had already been signed? Thanks.

FIL is now a widower, he's signed everything over to StepSon. Where's the problem?

 

[mistoffolees]

What is the name of your state (only U.S. law)? North Carolina

Hello, My mother inlaw died recently in a motorcycle accident. She had been seperated since June 07 and filed for divorce July 08. It was a mutual divorce settlement and they had no children together. They had already seperated all assets. She had an motorcycle accident 2 weeks after signing the divorce papers and died a day and a half later. They said that the divorce could not finalized because she died before it was finalized. Can a posthumous divorce be pursued? Her ex husband or technically still legally her husband said he doesn't want anything to do with her estate or and wrongful death settlement, they settled things 50/50. We know that he can legally change his mind although he has signed several release papers for her estate, etc over to my husband, her only child. Is there any way to get the divorce papers pushed through in this state since they had already been signed? Thanks.

No. And it's none of your business, anyway. Divorce legally involves two people - not all their greedy kids or their spouses.

The FIL can do whatever he wants with the assets. If you're nice to him and stop trying to force through a divorce to take away something he's already offered to give you, then maybe he'll be nice.

 

[LdiJ]

No. And it's none of your business, anyway. Divorce legally involves two people - not all their greedy kids or their spouses.

The FIL can do whatever he wants with the assets. If you're nice to him and stop trying to force through a divorce to take away something he's already offered to give you, then maybe he'll be nice.

There is a chance that isn't accurate. A friend of mine whose wife died, but whose wife had filed for divorce prior to passing away, but after signing the property settlement, had a judge rule that he was not entitled to any of the assets assigned to her in the property settlement. They ended up going to her mother.

So its not outside the realm of possibility that the husband would no longer be entitled to the assets.

 

[Zigner]

You sure about that? If this were true, every person who remarries following the death of a spouse would be guilty of bigamy.

So are you saying that every person who has a spouse die would have to THEN divorce that spouse in order to remarry? That's silly

 

[mistoffolees]

There is a chance that isn't accurate. A friend of mine whose wife died, but whose wife had filed for divorce prior to passing away, but after signing the property settlement, had a judge rule that he was not entitled to any of the assets assigned to her in the property settlement. They ended up going to her mother.

So its not outside the realm of possibility that the husband would no longer be entitled to the assets.

Considering that they just filed for divorce in July 08, it is unlikely that they had a signed divorce decree/property settlement.

 

[mistoffolees]

So are you saying that every person who has a spouse die would have to THEN divorce that spouse in order to remarry? That's silly

I think proud_parent was saying the same thing you are. A marriage ends upon divorce OR death of one of the parties. But if one party dies, the marriage ends at that point, so divorce is no longer an option (except perhaps in very unusual cases).

 

[Zigner]

I think proud_parent was saying the same thing you are. A marriage ends upon divorce OR death of one of the parties. But if one party dies, the marriage ends at that point, so divorce is no longer an option (except perhaps in very unusual cases).

Yes, you're right. I've still got the a.m. sluggishness!

 

[proud_parent]

Yes, you're right. I've still got the a.m. sluggishness!

's OK, Zig. I've had a Frappuccino AND several ounces of Mountain Dew, and I'm still struggling. (Gotta stop staying up to watch the entire prime time Olympics coverage. )

Yes, that's what I meant -- a marriage ends at the moment one of the spouses becomes deceased.

 

[LdiJ]

Considering that they just filed for divorce in July 08, it is unlikely that they had a signed divorce decree/property settlement.

That's not what I am saying. I am saying that he and his wife had signed a property settlement agreement. It had not been submitted to the judge yet and the divorce was not final. The judge upheld it as a contract. It sounds like the couple in this thread were at about the same point.