This happened a long time ago but, my uncle and aunt were in the process of getting a divorce when he was killed. As far as I know he didnt have a physical will. But his stuff and money should have gone to family. However it was ruled that it went to my stupid witch aunt. My grandparents barely got anything except the flag on his coffin, his medals, and some other items. But things at his house, like his motorcycle that was supposed to go to my father, was sold by the aunt. Is this at all lawful?? I know it at least isnt moral!
2007-01-12 18:27:51 · 6 answers · asked by rezruf 3 in Politics & Government ➔ Law & Ethics
There are several key questions to answer:
(1) Was there a will? Here, we assume "no."
(2) What state did your uncle live in?
(3) What was your uncle's family status at the time of his death?
The effect of dying without a will is different in every state. You would have to find the general rules of descent and distribution for that state. Then you look at the family. Is there a surviving spouse? Yes. If they were not legally divorced at the time of his death, she is still legally his spouse, regardless of your family's feelings toward her. Are there descendants? *Generally,* if there are no descendants, the entire estate is willed to the surviving spouse.
If he died without a will, then even if things were "supposed" to go to other family members, unless your "stupid witch aunt" wants to give them up, you have little legal recourse. However, check your state statutes. They are usually listed under "Descent and Distribution."
2007-01-12 18:49:03 · answer #1 · answered by Jessica T 2 · 0⤊ 0⤋
This is a question for your individual state. These are rules of Intestacy. What normally happens when a couple is married is that all goes to the spouse if they have no kids, usually half and half if one kid plus spouse, and 1/3 each if two kids plus spouse.
If he wanted to, he could have put together a living trust or a will to direct his assets. He didn't want to or he would have. Also, I am sure he'd been married a long time knowing he needed to get the divorce. He should have got that done.
If he would have won the lottery one day before he died and he was still married, that would have been hers too.
I don't think your grandparents could have done ANYTHING to stop this. The law cannot determine based on their impressions of the situation whether or not he meant to and should have gotten the divorce. The Probate Commissioner knew he was married and getting a divorce, but his hands would be tied without some sort of written directive.
2007-01-13 02:39:35 · answer #2 · answered by bluasakura 6 · 0⤊ 0⤋
Yes, unless the divorce is final, if someone dies without a will, everything will go to the surviving spouse.
2007-01-13 02:36:20 · answer #3 · answered by Anonymous · 0⤊ 1⤋
if the divorce wasn't finalized then legally they were still married and she would be entitled to his assets if there was no will
2007-01-13 02:37:03 · answer #4 · answered by QandA 3 · 0⤊ 0⤋
it should actuall go to kids first.. UNLESS.. he had a physical will which you said he didnt.. i am not 100 percent sure.. but it goes something like that... the kids of your unlce would have say so over the wife..
2007-01-13 02:37:14 · answer #5 · answered by Chuck 5 · 0⤊ 1⤋
if they were married she is intitled to what he has maybe she will do the right thing
2007-01-13 02:31:32 · answer #6 · answered by starr67 4 · 0⤊ 1⤋