Legal Question in Family Law in New York

Re: Carrying on a divorce

Your question is too vague for me to understand the actual circumstances of your situation. However, it sounds complicated and I urge you to discuss it in detail with an attorney. I can tell you that a dead person is no longer married and therefore cannot get divorced. To protect the interests of an allegedly incapacitated person, one should seek appointment of an guardian under Article 81. A power of attorney is not the appropriate tool to achieve your stated goal.

Re: Carrying on a divorce

Your question indicates there is a divorce proceeding filed but not decided upon in the courts at this time. The action is terminated at death and may be continued in the case of mental incapacity. However, issues of equitable distribution can only be relevent (only come up) if you or another relative is seeking to protect the incapacitated person's property from the spouse in a divorce proceeding. You are welcome to a consultation at no fee at my offices at 42 West 44th St, NY,NY. Please call for an appointment first - 646-591-5786.