Legal Question in Family Law in California
my husband and i filed for divorce on 7/14/11. He suddenly died on 9/21/11. I understand I am legally and technically still his wife. Can his family go to court to obtain an Adminstrater of Estate, and deny me any rights to money and material things?
2 Answers from Attorneys
Even though a dissolution of marriage proceeding was pending, his family will not be entitled to deny you anything. If there was a will and real property involved a probate proceeding will be needed. There there was no will, you will be entitled to property under the laws of intestacy. In any case you should consult with an attorney knowledgeable in probate and family law.
I have such experience and if you would like to obtain legal advice about your situation, I am available to consult with you at your convenience. The initial consultation (30 minutes) is free. If you would like my assistance, please contact me at 916 925-6005.
You were his wife until he died. Death terminates a marriage, as a matter of law. Because the divorce court did not terminate your marriage, you may have inheritance rights. I suggest speaking to a competent probate lawyer.
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