QUESTION
What is my sister's spouse entitled to if my sister died while their divorce is still in process?
Asked on Sep 21st, 2012 on Estate Planning - California
More details to this question:
My sister was legally separated & divorce. Proceedings were underway. She recently passed on. He lived in Georgia, she in South Dakota. What is he entitled to? What is our legal protection from him taking anything since they were still legally married? If something was in her name only, like a truck she paid for in her name and her new checking account, can he take it?
2 ANSWERS
Probate and Estate Planning Attorney serving Harrison, MI
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David T. McAndrew, Attorney at Law
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A lot of this will depend on the state law of the controlling jurisdiction. Legally separated or just not living together? Did she did intestate? Children? Too many factors unspoken to provide a decent response.
Answered on Jun 27th, 2013 at 8:50 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to consult the law of the state where the decree was granted for the legal separation.
Answered on Sep 24th, 2012 at 5:32 PM