QUESTION
If there is evidence to prove that a marriage is never valid according to the marriage law, would the spouse be disinherited if the other dies?
Asked on Apr 15th, 2014 on Divorce - Michigan
More details to this question:
The marriage was less than three years and in the middle of a divorce, when death occurred, children got nothing.
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The first question is if a court ever declared the marriage invalid. If not then the marriage is valid and the spouse and any minor children have a right to inherit something unless there was a prenuptial agreement to the contrary.
Answered on Apr 16th, 2014 at 6:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think you need to talk with a local probate attorney. The answer is dependent on the applicable state's laws.
Answered on Apr 16th, 2014 at 10:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your relatively short question has brought a number of potential issues. You should immediately seek counsel with all of the facts in order to get an opinion which you could reasonably rely upon.
Answered on Apr 16th, 2014 at 9:49 AM