Legal Question in Family Law in Michigan

Re: Death before Divorce is final

If she has a will, the will controls what occurs. If she dies without a will, the husband will get a giant portion of her estate, perhaps the whole thing, depending upon the size of her estate. The fact that there is a divorce pending does not control. It is whether the divorce has been finalized. If she has filed and has her wits, her lawyer can take steps to move it up.

Re: Death before Divorce is final

Make sure that her divorce attorney is aware of her physical condition. If necessary have the Court appoint a guardian or conservator for your mother so that someone has the authority to tell the divorce attorney what to do. With a little bit of luck you may be able to get her divorced before she dies. That will make it clear that he cannot inherit any part of her estate.If that doesn't occur and she dies while still married, there are specific laws that will control what happens. Property still in their joint names will go to her husband. Property that she owns in her sole name will be distributed according to her will if she has one-although she is unable to completely disinherit a spouse. Property that she owns in her own name will be distributed according to very specific laws if she has no will. Good Luck. Feel free to contact my office if your mother resides in Southeast Michigan. Jhn C. Talpos (http://www.Mich-Lawyer.com)