Legal Question in Family Law in Washington
Seperation and Death
My husband and I of 32 years had been seperated for 8 months when he passed away. He had already removed a lot of our possesions against his divorce papers. The problem is I don't know where they are. I suspect with his parents or his girlfriend. All I want is what is legally and morally mine. The divorce was not proceeding but we weren't back together. Is there any way to try to get my stuff back, cheaply? Every body tells me to forget everything but I need some of this stuff for healing and it doesn't seem right.
1 Answer from Attorneys
Re: Seperation and Death
It is yours. Separation or pending divorce does not mean that you are no longer married - you were still married right up until your husband died, at which point you were widowed. There is no divorce any more. You are a widow. Please accept my condolences.
Washington is a community property state. His property is now yours, subject to certain exceptions.
Probably the least expensive alternative is to find a probate attorney and have a consultation with him/her. The attorney will have seen this happen before, and can tailor a way to get your property back to you with the least cost and excitement.
Hope this helps. Elizabeth Powell
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