Legal Question in Wills and Trusts in California
Rights as Widow/ after husband ''filed'' for divorce
Although my husband filed for divorce, I did not agree to the divorce, nor did I sign ANY of the papers.
My husband died before the divorce was final, & basically, his parents are fighting me on his/my personal belongings in his home, as well as his death benefits/pension thru his union. They are also asking me to buy the vehicle he gave me, & his own vehicle from them, as well as pay for the funeral they did not allow me to attend.
His mother was the ''informant'' on his death certificate. She put him down as ''divorced'' and is refusing to change the information unless I pay them for the above items.
I cannot collect any pensions/401k thru his union unless his marital status is corrected & certified. I would also like to collect any items of mine or items we accumulated together from his parents, since they did not let me in his home to collect anything.
Do I have to pay them for anything? What are my rights as his widow? What are their rights? Does it matter that divorce papers were filed, or that I never signed any div. papers, & it was not final at the time of death?
There is actually more details, but I am limited in characters here. Thank you.
2 Answers from Attorneys
Re: Rights as Widow/ after husband ''filed'' for divorce
The estate needs to be probated. You may apply for exector. If there is not a will or a trust then all of your husband's property will go to you. Attorney's fees are strictly regulated by law. I will be happy to assert your rights on your behalf. Please call me directly at (619) 222-3504.
Re: Rights as Widow/ after husband ''filed'' for divorce
as you were not divorced you are legally his widow. you have no obligation to pay them anything. you should get a lawyer to handle the death certificate and look into filing a probate as the widow if needed.
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