Ok this is a very strange situation...bare with me. My Stepfather all of a sudden filed for divorce about a month ago from my Mom... everything was fine even the day prior to him kicking her out. She moves out.... then last week he's diganosed with brain, lung and hip cancer. He dies Saturday... The divorce is not final. She didn't want the divorce in the first place. Now what happens? His children aren't allowing my family to the funeral, his daughter had him taken off life support without even telling my mom he was in the hospital. My mother is convinced that having a huge brain tumor impaired his judgement..and he wouldnt have wanted to seperate if he wasnt sick. Now what happens with their divorce? She hasn't even signed any papers... so are the still married? What rights does she have?
2007-08-21 03:45:08 · 20 answers · asked by ? 4 in Family & Relationships ➔ Marriage & Divorce
We live in Oklahoma if that helps.
2007-08-21 03:45:46 · update #1
they are still married and she is entitled to all benefits a wife would have...there is a chance his illness did make him think irrationally.Get a lawyer.
2007-08-21 03:49:55 · answer #1 · answered by chris d 3 · 5⤊ 0⤋
Did they ever fill out power of attorney papers?
Actually by law she can make whatever decisions she wants because they are still married. Unless the divorce papers were signed then legally they are married. His death certificate should be marked that they are married. Everything is hers. So whether the children want that or not she can get papers allowing her to take over the arrangements. I would act fast. Hire a lawyer or whatever you have to do, but your mother is sole beneficiary unless he signed a will stating his children get everything, which it doesn't sound like.
2007-08-21 03:54:16 · answer #2 · answered by Mommy2 3 · 1⤊ 0⤋
I am sure they are still married. AND why in the world did she leave the house??? She should not have done that, it may taint things. A spouse can not force you from the marital home.
She should also find out if his relatives had a legal right in a say in any of his health care. She may be able to sue the hospital.
She can go to the funeral if she wants to.. and she should be planning it.
Get a lawyer pronto and see if these people are over stepping their bounds.
2007-08-21 03:54:20 · answer #3 · answered by lily 6 · 1⤊ 0⤋
She was married to him up until the death. Anything that was hers is his in most states. If his kids want to contest that, then she may have to argue that it was the brain tumor that made him file. I have no idea what a judge would do. She should do the best she can by making sure that his kids get whatever they would like that she can spare out of his death. This will let them know she isn't an awful person, trying to benefit from his death. And hopefully they will just back off.
2007-08-21 03:53:21 · answer #4 · answered by Linda K 3 · 1⤊ 0⤋
Legally no matter the state they are still marrried. Odds are he never filed for divorce. She needs an attorney and the hospital needs to be sued for not notifying first kin-spouse supercedes all even with a divorce in process. Tell her to watch Tyler Perry's "Diary of a Mad Black Woman" and then press on.
Good Luck to her
2007-08-21 04:08:36 · answer #5 · answered by msijg 5 · 2⤊ 0⤋
They are still married. Legally (check OK laws) she is the sole owner of his corps. The body of a person becomes the souse's property. I used to work in a funeral home and have learned a lot from that. However, she will also be responsible for the burial arrangements and expenses. She can take the body and do what she likes with it. It is hers.
2007-08-21 03:50:47 · answer #6 · answered by tempest_twilight2003 3 · 2⤊ 0⤋
She has all the rights of a wife, because she still is. She should get a good lawyer tho, because she's in for a fight with the kids. This happened to a client of mine that was divorcing his wife for fooling around & running up his plastic. He croaked at a restaurant - choked on a piece of steak. EMS didn't arrive fast enuf. He died and the ho got EVERYTHING.
2007-08-21 03:53:06 · answer #7 · answered by Anonymous · 1⤊ 0⤋
She should definitely talk to a lawyer but I believe they are married until the divorce is final. i.e. both parties have signed the papers and appeared before a judge to finalize. If that didn't happen, she's a widow not a divorcee.
2007-08-21 03:51:25 · answer #8 · answered by LB 6 · 1⤊ 0⤋
If the divorce was not finalized, and there was not a legal separation in place, then she's his widow and therefore entitled to whatever share of the estate that the law provides.
His children sound like pieces of work to me....
2007-08-21 03:51:08 · answer #9 · answered by KatJones37 5 · 2⤊ 0⤋
I'm not sure but I would think because your mother was still legally his wife, then she should have the say so on matters. I would suggest hiring an attorney.
2007-08-21 03:50:44 · answer #10 · answered by Doogie 4 · 1⤊ 0⤋
I dont think of you opt for him at this element its merely to finalize each thing.It took my son 3years and 10thousand money what a rip off the criminal expert did not something yet sit down on her arms.
2016-10-16 08:21:38 · answer #11 · answered by Anonymous · 0⤊ 0⤋