My uncle died and he was still married to a person who was very cruel to him but they had been seperated 7 years and she has been contacted but we dont want her to have anything to do with the funeral can we challenge her in someway.
2006-08-11 11:43:16 · 9 answers · asked by gwyn_shepherd1965 1 in Family & Relationships ➔ Family
If she's still legally his wife... then she gets the first say in everything... and she gets all of his things. That's how it works in Michigan. Sorry to hear about your Uncle.
2006-08-11 11:49:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
As far as I know, 7 years with no contact from a spouse gives legal 'no - trace divorce' and as such the other souse has no legal right to any worthy goods left by the deceased. Having said that, a funeral is a public mourning, and you cannot stop a person attending, no matter what the reason or the pain it may cause you. I wish you love and and all the best in this time and please just ignore this person and get on with your mourning and your life without bitterness
2006-08-11 11:57:15 · answer #2 · answered by DonnaDoop 4 · 0⤊ 0⤋
The best way to keep the aunt away is to not tell her about the funeral. Legally, she is still next of kin since there was no divorce, and unless a will specifies otherwise, she will inherit at least some of the estate. You may need to talk to a lawyer about this.
2006-08-11 11:50:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As far as I know, here in the UK if she is still married to him she will be classed as his next of kin - you are best to see a solicitor and find out if there is anything you can do. I can't see what though, I really can't . They are by law still married.
Good luck to you - and I am sorry to hear you lost your uncle.
2006-08-11 12:11:38 · answer #4 · answered by Curious39 6 · 0⤊ 0⤋
Your uncle could have named anyone else as next of kin when he was alive. However if he did not and he is still l married then I am afraid she still has control. You could challenge any will through the courts, but if no will it will go to his wife as next of kin.
2006-08-11 11:55:59 · answer #5 · answered by Dolly Blue 6 · 0⤊ 0⤋
Law says if still married spouse is next of kin. If divorce proceedings were underway you would need to take proper legal advice. sorry not what you wanted to hear.
2006-08-12 07:20:34 · answer #6 · answered by tizzy 3 · 0⤊ 0⤋
Unlikely, my understanding is they're not divorced or legally separated, therefore she is the next of kin. Is it the fureral you're worried about or the inheritance? She will probably get that too, unless the will states otherwise!
2006-08-11 11:54:01 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The situation isn't the same. Shes a widow.
You may be able to get an emancipation order to negate the marriage. (Emancipation is how kids can 'divorce' their parents)
2006-08-11 11:50:53 · answer #8 · answered by ty_rosewood 5 · 0⤊ 0⤋
hi i think its 2 years, as long as they havent had any contact within the first 2 years of separation then i think you are classed as estranged.
2006-08-11 11:49:29 · answer #9 · answered by celtic_princess77 4 · 0⤊ 0⤋
five years. but can be sooner with mutual consent.
2006-08-13 04:46:21 · answer #10 · answered by Anonymous · 0⤊ 0⤋