husband files for divorce.Go to court but no papers signed yet saying they are divorced.Husband dies.Wifes name is on the house and vehicle.Deceased kids find a WILL.Who gets the property? And what does the WILL prove?
2007-07-11 11:13:17 · 19 answers · asked by 8995st 2 in Politics & Government ➔ Law & Ethics
Till the court decreed the petition for divorce it shall not be considered as divorce & the marriage between the parties remain intact. Now as far the house & vehicle in the name of the wife only are concerned they are legally her property & the husband cannot name these properties in his will till his name too was mentioned in their ownership, if that is the case then he can convey his share in these properties to any one he likes not otherwise. As far the property mentioned in the will belonging to the deceased is concerned if that was under his exclusive ownership shall go to the person mentioned in the will as the beneficiaries.
2007-07-11 17:09:31 · answer #1 · answered by vijay m Indian Lawyer 7 · 2⤊ 0⤋
What Will says is the truth of the matter and in a sense proves what his wishes were at the time he executed the Will.
I'm not an attorney, but in my state when a party to a divorce dies, the action automatically stops because the court can't grant a divorce to a dead person (seems reasonable). There are some exceptions, like if both husband and wife testify at the final hearing as to their final agreement and the judge said the magic words in court required to divorce them, waived his magic wand, and all that is left is the paperwork, and then the husband dies....
Seems to me there are a lot of issues and the wife needs to have an attorney. Good Luck
2007-07-11 11:27:15 · answer #2 · answered by vbrink 4 · 0⤊ 0⤋
Even though the papers are signed and filed before the court also does not make any difference. Because for a divorce, a decree from a competent court is necessary.
1) In the instant case, there is no decree so far.
2) The death of the husband before any such action abates the entire proceedings.
Hence there is no decree.
As far as the second point is concerned the property in the name of the wife will be her exclusive property and no other person can write will on this property.
The will of the deceased person can be used to distribute the 'property in his name', i. e his estate only but not in the name of others.
2007-07-11 17:27:07 · answer #3 · answered by murali k 3 · 0⤊ 0⤋
Husband files for divorce?
2014-12-13 06:00:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Talk to a lawyer. These answers depend on when he filed for divorce and what state you live in. Most likely, things will be distributed according to the will.
2007-07-11 11:20:05 · answer #5 · answered by Gypsy Girl 7 · 1⤊ 0⤋
Ok, first off how do dead kids find anything? If there is no will then community property sets in, meaning the wife would get everything. However, if there is a will, this will circumvent the wife's claim to anything. The only thing to be done is to challenge the will if you're unhappy with who and what it provides for.
2007-07-11 11:23:04 · answer #6 · answered by tinydancer42001 4 · 1⤊ 0⤋
the will proves he had thought through and made last wishes, known ,because there are no papers signed that does not mean they are not divorced it may only mean papers have not been sent to the divorced parties
2007-07-11 11:29:39 · answer #7 · answered by elizabeth_davis28 6 · 0⤊ 0⤋
If there are no papers signed, she's still his wife. Still entitled to property.
Unless the will specifically omits her. Particularly if it omits her and mentions the impending divorce as that would "time" his intentions.
2007-07-11 11:22:22 · answer #8 · answered by Atavacron 5 · 1⤊ 0⤋
Can my husband file a lawsuit?
2017-03-28 14:25:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Did you concieve around 4-5 days before big O?
2017-02-07 03:52:16 · answer #10 · answered by Beverly 6 · 0⤊ 0⤋