Legal Question in Wills and Trusts in New York
My uncle lived and was taken care of by my mom for years until he recently passed away. When my mom went to pick up his death certificate the funeral director told her that his wife came and showed him a marriage certificate sohe changed the death certificate to her name. They haven't lived wih each other for 15 years. We all assumed that they were divorced. My question is is she legally entitled to what she did. And is my mom legally entitled to anything considering she took care of him financially for all these years?
2 Answers from Attorneys
You may be able to disqualify your uncle's spouse as having abandoned your uncle. If you succeed in doing so, then your uncle's estate would be divided among his next of kin as though the spouse had predeceased him. You may call my office at 212-401-2990 for a brief complimentary consultation.
Mr. Park gives horrible advice. It is well settled that �a suit for divorce abates at the death of either party, because the marriage relation sought to be dissolved no longer exists� (Cornell v. Cornell, 7 N.Y.2d 164, 169, 196 N.Y.S.2d 98, 164 N.E.2d 395 [1959]). In plain language, you cannot divorce a dead individual.
If there is no will, and there was no divorce, your Mom is out of luck - when it comes to a percentage your Uncle's estate.
HOWEVER, your Mom took care of your Uncle for years. Her work, labor and services are worth money - at least equal to the value of a private nurse. Therefore, your Mom may have a cause of action for reimbursement of her work - at least for the prior 6 years. She would sue your Uncle's estate for compensation.
Mike.
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