INTESTATE Rights of Surviving Spouse

[trarazc]

What is the name of your state? Missouri
Husband A abandoned wife saying he was going to divorce her, lived his life of about 30 yrs (occasional phone calls to wife) away from her, and died INTESTATE 6 yrs ago.

During husband A's long absence, wife believed he had divorced her, not knowing the laws, and married someone else. After her divorce from husband B, she learned yrs later from one of her first husband's phone calls that he had not divorced her, and thus she had committed bigamy.

Last year while applying for social security benefits, wife learned that husband A had died intestate 5 yrs ago and had never been notified. If her second marriage was illegal since the first marriage had not been dissolved (bigamy), is the wife qualified to receive spousal rights to her first husband's estate?
Many thanks for your help.

 

[divgradcurl]

What is the name of your state? Missouri
Husband A abandoned wife saying he was going to divorce her, lived his life of about 30 yrs (occasional phone calls to wife) away from her, and died INTESTATE 6 yrs ago.

During husband A's long absence, wife believed he had divorced her, not knowing the laws, and married someone else. After her divorce from husband B, she learned yrs later from one of her first husband's phone calls that he had not divorced her, and thus she had committed bigamy.

Last year while applying for social security benefits, wife learned that husband A had died intestate 5 yrs ago and had never been notified. If her second marriage was illegal since the first marriage had not been dissolved (bigamy), is the wife qualified to receive spousal rights to her first husband's estate?
Many thanks for your help.

A couple of things. First, you can read the relevant Missouri statutes here: http://www.moga.state.mo.us/STATUTES/C474.HTM

It does not appear that in MO that separation waives the rights of the surviving spouse, so it's possible that she still would have been considered the "surviving spouse" for husband A.

However, that was 5 years ago, more likely any claim against the estate would be barred by the applicable statute of limitations. However, if husband A had a reasonably-sized estate, it might be worthwhile to talk with a local attorney to discuss what options, if any, you might have.

 

[trarazc]

INTESTATE Rights of SurvSpouse + Fraud

The probate case has closed, but husband's brother, who witnessed marriage, claimed his sizable estate, writing "never married" on all paperwork. Perhaps surviving spouse can sue brother?
Thank you for your reply/help.