Legal Question in Family Law in California
Divorce and death
California.
My brother had reached final settlement in divorce and it was to be finalized next week. He passed away two day ago. The intent was a finality and the ex wife has taken over his property and decisions and to where he will be buried. What legal standings does his family have.
3 Answers from Attorneys
Re: Divorce and death
In California when he died the divorce case stopped. If the marriage had not been dissolved then they were married at the time of his death. That would make her his next of kin and give her the same inheritance as any other spouse.
Re: Divorce and death
I need more information on what you mean that the divorce was to be final. There are two kinds of final in dissolution actions. One when the judgment is final the other when the status of marriage is final. They often occur at the same time, but not always. Have an attorney look at this, there are other legal issues. Good Luck, Pat McCrary
Re: Divorce and death
There is also an issue as to where the divorce was. California and Nevada have different laws regarding the division of property and what time is the separation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
