Spouse Dies Before Dicorce Goes Through

[wally]

What is the name of your state? TX

If a man and a woman decide to get a divorce and it is discovered that he has cancer and dies 40 days later- yet the divorce papers are served to her the evening before he dies- does that mean the divorce proceedings still have to go through? Can his family members carry out the divorce for him?

 

[ezmarelda]

What is the name of your state? TX

If a man and a woman decide to get a divorce and it is discovered that he has cancer and dies 40 days later- yet the divorce papers are served to her the evening before he dies- does that mean the divorce proceedings still have to go through? Can his family members carry out the divorce for him?

I believe your answer lies in the forest beyond the trees behind that child clapping with one hand

Seriously, is this homework or something?

 

[wally]

Actually, it's my best friend's mom.

They were going to divorce but then they found out, he deteriorated pretty quickly and she stayed at his bedside the entire time. He died Saturday. She got the papers Friday. Then his family cornered her last night and told her that they had talked to his lawyer and the divorce was still going to go through. I just want to know if this can happen. She's distraught and it would be nice to take this worry off her mind for her.

 

[ezmarelda]

Actually, it's my best friend's mom.

They were going to divorce but then they found out, he deteriorated pretty quickly and she stayed at his bedside the entire time. He died Saturday. She got the papers Friday. Then his family cornered her last night and told her that they had talked to his lawyer and the divorce was still going to go through. I just want to know if this can happen. She's distraught and it would be nice to take this worry off her mind for her.

Sorry to be sarcastic just the question is odd (even for around here)

I have no idea if such a thing is possible, the logical part of me is screaming that they are full if it however, if I were you I would check back in the morning for a more *legaly* correct answer...it's kinda slow around here this time of night.

Good-Luck

 

[wally]

T'sokay. Long week and I should be alseep too but...long week. Did I say that already? I'll check back in the morning.

 

[nextwife]

I don't think a dead man can complete a divorce. She will share his estate, despite what his family wants.

 

[Ohiogal]

they may be pursuing the divorce to make sure that what is his is his. As in wife has no claims on the estate HOWEVER most case law ( i will not say all because BB will find the case that proves me wrong) states that she would still inherit. They were NOT divorced and a divorce is only possible between two living married people.

 

[tranquility]

The term moot comes to mind. I don't think there can be any other answer until all the facts get put out. Intent to divorce is not the same as divorce and I think she's a widow and not a divorcee.

 

[wally]

Thank you all very much for your advice. Perhaps this will lessen her burden somewhat.

 

[LdiJ]

Thank you all very much for your advice. Perhaps this will lessen her burden somewhat.

She really needs to consult, and probably hire, a local attorney.

 

[BelizeBreeze]

What is the name of your state? TX

If a man and a woman decide to get a divorce and it is discovered that he has cancer and dies 40 days later- yet the divorce papers are served to her the evening before he dies- does that mean the divorce proceedings still have to go through? Can his family members carry out the divorce for him?

First off, who served the summons of divorce?
Second, no, his family cannot commence the divorce proceedings. It's a moot point, as you've been told.

The wife at the time of his death, absent a will, is the heir of his estate based on texas intestency laws. The family has only minimal rights.

Have her file probate as executor and hire an estate attorney.