QUESTION
What happens if you are married and remarry again without a divorce then dies?
Asked on Dec 08th, 2012 on Estate Planning - California
More details to this question:
Does #1 wife have any say in what deceased wishes were and #2 wife takes all of deceased assets and quit claims in the last few months of deceased property and changes all the beneficiaries to herself and children leaving deceases children with nothing even though that was not his wishes.
15 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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If there was no divorce and a second marriage, the second marriage is not valid and the only spouse entitled to share in the estate is the first spouse. You need to hire an attorney.
Answered on Dec 14th, 2012 at 8:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are too many questions than can that be answered in this forum. I would suggest that you make an appointment and speak with a general practice or estate lawyer to discern what your rights actually are.
Answered on Dec 11th, 2012 at 4:06 AM
It is difficult to answer your question as the facts are unclear. If the deceased never divorced his first wife then there can be no second wife and any powers over the estate that stem from that position are null and void.
Answered on Dec 11th, 2012 at 2:56 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should consider obtaining probate litigation counsel; litigation counsel could file a petition into probate court to determine the rights of all of the respective persons in this matter.
Answered on Dec 10th, 2012 at 2:32 PM
Tamara Marie Chin
This is a really interesting set of facts. I think that approach should be through a probate attorney. In WA, if there is no divorce the second marriage is invalid and void but the second wife may have a claim for part of the estate. The time line is very important so you must act quickly because if it goes over time limits the first wife's may be barred forever.
Answered on Dec 10th, 2012 at 2:13 PM
The first wife has no claim on behalf of herself or their children. In the absence of a provision in the divorce judgment or his will, the second wife may take everything for herself and her children.
Answered on Dec 10th, 2012 at 1:54 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Your question is difficult to understand for sure. I understand the facts to be that decedent and first wife divorced. Decedent was married to second wife when he died. He had at least two children. Decedent's will and other documents will govern disposition of his estate. If he died without a will, then Wife # 2 will get all the community property and a third of the separate property. His children will share the other two-thirds of the separate property. You seem to suggest that second wife made changes without his consent or that were not consistent with his wishes. During his lifetime, she had no power to do so. After his death, she can do as she pleases with her asets.
Answered on Dec 10th, 2012 at 12:17 PM
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If someone was still married to wife # 1 when he married wife #2, the second marriage is void and does not exist. As such wife #1 is the wife, decision maker and beneficiary.
Answered on Dec 10th, 2012 at 12:16 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have a strange situation. If there was no divorce, then the second marriage would not be valid. In most cases, however, had this happened, a marriage license would never have been issued. Since it apparently was, then there had to be something dissolving the first marriage. I would meet with a lawyer to get help in trying to straighten this out.
Answered on Dec 10th, 2012 at 11:12 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The second marriage is void because it is illegal. If the "2nd wife" changed the decedents affairs, you can file a lawsuit to challenge the legality of her actions. You should immediately notify any financial institution, insurance carrier and the pension plans.
Answered on Dec 10th, 2012 at 11:12 AM
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If you don't get a divorce and the spouse is still alive, you can not remarry. You should speak to an attorney about this.
Answered on Dec 10th, 2012 at 11:11 AM
Good question: if I understand it correctly, the decedent was married twice but his first marriage was never terminated. I believe this means that the second marriage is not valid. Therefore, the first wife would have the right to an elective share of his estate. If he left a Will, it would be a question of his intent when he wrote the Will as to who he meant if he used the term Wife or Spouse.
Answered on Dec 10th, 2012 at 11:10 AM
The marriage to the second wife is invalid and she has no claim upon the estate of the deceased except for those assets that list her specifically by name as the beneficiary (insurance, IRA's, etc.). However, her children with the deceased, along with the first wife and her children with the deceased, do have legal claims on the property.
Answered on Dec 10th, 2012 at 11:10 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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The second marriage may not be valid. The first wife and children may have claims against the second wife.
Answered on Dec 10th, 2012 at 11:08 AM
Business Attorney serving Riverside, CA
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Berger and Raphael, LLP
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Yes, the children from the first marriage have rights.
Answered on Dec 10th, 2012 at 11:08 AM