Tuesday, May 11, 2010

If a married couple were in the middle of divorce proceedings and a spouse dies, can the divorce continue?

Will the living spouse inherit the deceased spouse estate, if there are no other legal heirs?


This is a research question for a storyIf a married couple were in the middle of divorce proceedings and a spouse dies, can the divorce continue?
No, the divorce can not continue.


A death ends the court case.


Unless a will is on record the state determines property ownership, and the living spouse will inherit their part of the estate.


In some states the spouse gets half and the surviving children get half without a will.If a married couple were in the middle of divorce proceedings and a spouse dies, can the divorce continue?
The divorce dies with the spouse. Joint accounts and joint tenancies will go to the survivor automatically. Life insurance will be paid to the beneficiary. If there is a will, property will be disbursed according to the will, if not it will be decided by state law.





If you are in the process of divorce, you should change your will, change your beneficiaries, and change your accounts for the security of both participants.





whale
The marriage would be ended on the death of one spouse in most jurisdictions so continuation of the divore proceedings become not only pointless but impossible to continue as there needs to be 2 parties.





The surviving spouse will inherit according to whatever succession laws apply.If the deceased left a will that would apply.If there was none the laws of intestacy would apply.
No. The marriage is terminated by way of death. ';Till death do us part'; sound familiar? If one party dies intestate (that's without a will for those of you in Rio Linda), all assets go to the first person on the Table of Consanguinity's, in this case the spouse! Ca-CHING!!
Can't divorce a dead person. Action ends with certification of death. Estate will go to probate and be decided by will or by intestate estate law in tha absence of a will.
Yes, The living spouse inherits all the deceased spouses estate.





This is because legally, they had not been divorced.

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