Legal Question in Family Law in Illinois
divorceafterdeath
my brother filed for divorce and he passed away before it was final can me being power of attorney still get him divorced?
Asked on 9/09/08, 2:01 pm
2 Answers from Attorneys
George Zuganelis
Zuganelis & Zuganelis, Attorneys at Law, P.C.
Re: divorceafterdeath
The answer is no. A dead person cannot get a divorce. Also, powers of attorney also die when the principal dies. You are no longer your brother's power of attorney. His widow is his heir, and she gets everything, if that is what your point is.
Answered on 9/10/08, 1:45 pm
John Steele
Steele Law Firm
Re: divorceafterdeath
Your brother cannot get divorced since he is dead. And his ex-spouse cannot get a divorce because she is a widow. Death of one of the parties ends the marriage, so I am not sure what you are looking to do.
Answered on 9/09/08, 2:07 pm