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Is divorce better for mom?

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G

Grace

Guest
My mother is in a nursing home with Alzheimer's. I am her conservator. Her husband is quadriplegic with MS but mentally intact. He is also in a nursing home. All their assets have been divided between them. Stepfather contributes nothing toward her upkeep. If my mother were to become divorced or widowed she could collect on my father's retirement since he passed away recently. I would like to pursue a divorce so she could collect this money but wanted to know what would happen in the event of death. My mother has a will stating my brother and I are heirs. Does he have a right to any of her estate as a spouse if she precedes him? If he died first and she was not named in his will, would she have a right to any of his estate? Thanks whoever!
 


ALawyer

Senior Member
In MOST states, without a Will, and in the absence of a pre- or post marital agreement the spouse inherits something -- typically the first $X plus 1/3rd or 1/2 of the balance (depending on the number of children), of property held in the name of the deceased spouse. Can't tell you if she should divorce current spouse or not, or if she tried, what might happen in the divorce, much less who might die first.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

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